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 39
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But if Either of My two Said Sons, Benjamin or Macrora, Should happen to Die before they To the age of twenty one years, Then, and in Such Case, my Will is that the Survivers or his Heirs have the whole tract or Parcell of Land forever.
And further My Will is, That my Son, Benjamin, have the Use & Benefit of that Part of Point Pleasant land which I have herein given unto my Son, Macrora, untill he, my said Son shall come To the age of fifteen years; Unless there be a acasion to Dispose of the Same for the purchase of Other Lands as hereafter Directed, and Provided, he my Said Son, Benjamin, will let his Mother in Law, my wife, Elizabeth, have the Use for the Same time of fourteen yrs. of that part of the plan- tation whereon I Now Dwell and wch is given to him by his Grandmother, Juliana Lakers, other wise, this bequest to be void. And my said wife, Elizabeth, to have the Use & benefit thereof, the better to Enable hir to bring up the said Child So long as She Shall have the Care of him.
Item, I Give, Bequeath, & Devise unto my Son, Macrora, and his heirs forever, My Oak Ridge land, Containing Two hundred & one Acres, as per the Patent granted to me in the year of Our Lord, 1744. And I also Give and Bequeath unto my said Son, Macrora, four Negros, vizt., Little Rose, Welcome, Grace & Suana; a Quart Silver Can, my Silver Watch, Pinch back headed Cain, one good Black walnut Deask, To be bought for him, if the Same be not don before my Decease, my Copper Still & furniture thereunto belonging.
Item, I Give, Bequeath & Devise Unto my Son, William, and his heirs forever, My land adjoyning the Land of Mr. Harvey, Containing three hundred & Ten acres, which I bought of John Pettiver & Benjamin Talbot, as may appeare by their Several Deeds or Conveyances, Now upon record in the Registers Office of Pequimans County, and also I likewise, Give, bequeath & Devise unto my said Son, William, and his heirs forever, the land I bought of Robert Wilson, Containing Thirty acres as by the Conveyance may
And I also Give and bequeath unto my Son William, four
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Negroes, vizt: Sam, Doll, Tamer, and Pasquotank Dinah; a pint Silver Cann, my Silver Snuff box, and Mohogina Desk.
Item, I give, bequeath & Devise unto my Daughter, Eliza- beth, and the heirs of her body lawfully Begoten forever; the land & Plantation I bought of Joseph Stewart, Containing Two hundred & thirty Eight Acres, as may Appear by the Patent Thereof Assigned to me by ye said Joseph Stewart, And in the falier of such heirs of my said Daughter, I Give the said land & Plantation unto my Son, Macrora, and his heirs forever. And I also give & bequeath, unto my Daughter, Elizabeth, Three negros, Vizt:, Pompey, Dianna and Margaret, Six Silver Tea Spoons, a creem Spoon, suger Tongs, and a new Straner that came with them.
And further my Will is, and I do hereby Order and direct, That in Case any of the Slaves herein Given to any of my Child afsd. Should Happen to Die or otherwise be lost be- fore they be of Age to receive them, That then they shall be made up unto Them Out of the Negros not herein given By Name, and the increase that may hereafter arise from any of the Female Negroes before They are Delivered to them they may belong, So that every Childs part of Negros, May be made as good In Value to them at the Receiving, as they would have been had there not happened any Death or other misfortune to Them as aforeSaide.
Item, I Give & Bequeath unto my two Sons, Macrora Scar- brough and William Scarbrough, One hundred pounds Starling Money of Great Britain, Equally to be Divided between Them, And to be Disposed of at the Discretion of my Executors hereafter Mentioned towards purchasing Each of them a piece of good land and for no other use whatsoever. Further to make provision for a good settlement of land for my two sd. Sons, I hereby Order and Impower my Exrs. herein Named if Need shall Require (that is if the land that may Happen to be bought is of greater Value then can be had for the Money here allotted), to Sell the land herein Given to Each of my two said Sons, or so much thereof as may be Sufficient for that purpose. And in Case my Exrs. Should happen to disagree, of Differ in Opinion about the Purchase of the said Land as to place or price of the land to be bought, or that wch may be to be sold, in Such Case It is my Will That they Apply to the Court of Pequimons to appoint three of as Honest & indifferent Men in the Matter, and that is of knowledge & understanding, as they can git in the said County, Whose oppinion of any two of shall be binding on my Exrs. as to that Matter.
Item, I Give & bequeath unto the Children of My Cowzen, Mary Atkinson, Twenty pounds Curt. Money of Virginia, or the Value thereof in the Produce of this country, To be paid for and toward Schooling Them of any of them that can git
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the Opportunity thereof, and no other Use whatever, but In larning them to Read & writing English, and thereby the better to interest them in the principles of the Christian Religion. And it is my Will & Desire there may be all the Care possable takon that That they or of them May have this
Item, I Give & bequeath unto my Son in law,
my Black walnut Desk, and Case of Five, five pint Bottles now in the house at Pasquotank.
And foras Much as the Slaves herein gave unto my two youngest Sons, Macrora & William Scarbrough, are very young and cannot be sufficient for their Edication and bringing up in any Christianlike Manner, Therefore, it is my Will and I do hereby order and Direct That my Melato Fellow Harry, shall be Sold or hired out for Money for their further Support, and that the Dispossion of the Said Slave be under these Restrictions and Directions, That is to Say, in Case the said fellow Can produce the Some of Forty pounds Currant Gold & Silver Money of Virginia, or any friend for him, Then he shall be his Own man, and at his Liberty, But if Neither can be complied with, Then my Exrs. hereafter nam'd, that is the acting ones, are to make Sale of him to any person That will Give fifty pounds of the Currancy Afsd. for him, and if None will do that Then it is my Will for him to be hired out for yearly or Monthly wagers, for So much as can be got for him, Until the Said Sum of fifty pounds afsd. be Accomplished, Then for him to be free and at his liberty, as afsd. And it is my Will and Desire that the money Arising by the sal or wages be applyed to no Other Use then in Schooling & Edi- cating my two Sons, Macrora & William, and for buying them good & useful Books Such as may Instruct them in Larning and the true Principalls of Christionity.
Item, I Give and bequeath all the rest of my Estate be it of what Nature, kind or Quality Soever (and not herein be- fore given), To be Equeally Divided amongest my Welbeloved Wife & my four Children, Vizt., Benjamin, Elizabeth, Macrora, & William, And I do hereby order & Desire, and it is my Will, That In Case Any of my Children afore Named Should Die before they come to Age or Married, that then the Whole part by this my will given be Equally Divided amongest the Sur- vivers of them.
And in Case the Several Legacys in this Will given to any of my Children of Negros by Name, Shall Happen not any of them to Die before they be received by them they belong to, so that then there will No Accasion of Makeing any Loss Up, out of the increce as is before Directed, Then it is my will that All Such Increace Shall be Equally Divided amongst my Said Children or the Survivers of them, That shall not be- fore have received their Legacys of Negros as afore Said.
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And furthermore, my Will and Desire is, That upon any Division of my Estate, That part comeing or belonging to either of my two youngest Sons, Macrora or William, That is by Law Deemed perisable and May Grow Much worse in Keeping untill they come of Age; Be appraised on Oath by three honest Men, apointed by Agreement of my Exrs. or Order of Court, and Kept or Sold by the Acting Exrs. who are to acct. and pay the Same according to the apraisement, either in Money or things of the Same Kind & Equall Value in the Judgment of them, under the Same restrictions as aforesaid.
And, I Do hereby Nominate, Constitute and appoint my Dear and welbeloved Wife, Elizabeth Scarbrough Executrix, and my welbeloved Son, Benjamin Scarbrough, Macrora Scar- brough, and William Scarbrough, Executors of this my last Will and Testament, And do hereby Revock, Disanul and Make Void, all former Wills and Testaments, by me heretofore Made.
But if it shall so happen (which God forbid it Should), That my Wife & Eldest Son, who are most likely to be the acting Exrs. in this my Will, Should quarel, Differ, Disagree, and Suffer the Adversary to Peace to git the Uper hand of them, so that to render their Joynt Acting as Exrs. Ought to do for the Intrust of Every one concerened in the Will, and thereby not to Answer the trust imposed in them, Which in my life I have too offten Sean, where own Mother & Son as well as other- They have Spent great part of their own Intrust as well as that of the orphans & Others no ways Concerned In there Differences, Which, I hope in the God of all Mercy peace & Truth, will not be the Case heare. But if it Should, Then it is my Will and I do hereby Nominate, Constitute & Appoint my loveing Brother, John Scarbrough, my brother in Law, Edmond Hatch, and my friend, William Burgis, Senr., To be overseers or trustees of all that part of my Estate Given by Legace or other ways becoming Due by this my Will to any of my three Children, vizt., Elizabeth, Macrora, & William, as also that Legace Given to the Children of my Cozen, Mary adkinson, Hereby Desireing you my friends, To Accept & take upon you the trust hereby required if ac- casion Shall be, on the bahalf of Orphans and their Estate, According to the true Intent & Meaning of this my Will, Hereby giving & granting unto you all the Power, & Authority So to do as can be Required Either in Law or Equity.
In Witness whereof, I the said Macrora Scarbrough, to this my present last will & Testament have set my hand and Seal. This 31st. Day of Jan'ry, Anno Dom., 1752.
MA'C. SCARBROUGH (Seal) (Impression of Coat of Arms on Seal)
The above writing was Signed,
Sealed, Published, Acknowledged
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& pronounced by the said Mac- rora Scarbrough the day & year aforeSaid, To be and Contain his last Will and Testament, writ with his own hand and Contained within Two Sheets of paper an- nexed together with three Seals of black wax and Silk Ferreting, In the Presents of us, who was Desired to Signe as Evidences thereto:
WALTER KIPPIN. JOSHUA HOBART. his CORNELIUS X MULLIN mark ROBERT AVERY. MARTHAAN KIPPIN.
NORTH CAROLINA.
Edenhouse, Feby. 18, 1752.
This Day Walter Kippin & Cornelius Mullin, two of the Subscribing Evidences to the last Will & Testament of mcRora Scarbrough, late of Perquimons County, Esq., Decd., which is hereunto annexed, personally appeared before me, Gabriel Johnston, Esq., Captain General, Governor & Comander in Chief in & over the sd. Province, & Ordinary of the same, and made Oath that they saw the sd. Mcrora Scarbrough, Sign, Seal & deliver the same as & for his last Will & Testament, and that they saw Joshua Hobart, Robert Avery & Martha Ann Kippin, sign as Evi- dences to the said Will.
GAB. JOHNSTON.
Copied from the Original Will, filed in the Office of the Secretary of State.
ELIZABETH SCOLLAY'S WILL.
IN THE NAME OF GOD AMEN, I, Elizabeth Scollay, of the County of Bertie, in the Province of North Carolina, Widow, being low in Health, but of Sound Disposing Mind, Memory & understanding, and Calling to Mind the Uncertainty of this Transitary Life, do make, & Declare this to be my Last Will & Testament; hereby Revoking and Annuling every will Heretofore by me made.
Imprimis, I Surrender my Soul to Almight God that Gave it, and Desire that I may be decently Buryed by the side of my Late Husband, Samuel Scollay, and that a Genteel Tombstone be provided by my Executors to place over me; as to my Worldly Estate, I Give and dispose of it in Manner Following:
Item, 1st. I Give and Devise to my son, Thomas Pollock, my Negro wench Doll, and all her Children (Except a Negro Boy named Charles which I Have herein after otherwise Disposed off), and my Negro Wench Susannah and all Her
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Children, Also, all my plate (to Wit) Tea Pott, milk Pott, Tankard, two Salts, three table spoons, & a Large Soop Spoon, and all my Tea Spoons but in Case my said son should die without Issue then and in that Case, I Give the above men- tioned Negroes & Plate, to be Equally Divided, the one Half to the Children of Tulley Williams, and the other Half to the Children of Richard Saunderson, share and share alike, I Desire the Negroes & Plate given to my son, Thomas, may be in the Care of Doctr. Robert Lenox untill otherwise. Ordered by the said Thomas Pollock.
Item, 2ndly. I Give & Devise unto my son, Cullen Pollock, all my Books, also a Mourning Ring.
Item, 3rdly. I Give & Desire to Mrs. Fanny Lenox, wife of Doctr. Robert Lenox, my Side Saddle, Cover & Bridle.
4thly, I Give & Devise to Doct". Robert Lenox, my Still with the Appurtenances; also my Negro Wench named Moll, and my My Negro Boy, named Charles.
Item, 5thly. I Give & Devise to John Scollay of Boston, in Consideration of a Debt I owe the said John Scollay, my Negro man named Rum, and also Two Bonds now in the possession of Cullen Pollock, (to wit) one of Joseph Robinson's of Perquimons County, and the other one the Honble John Rutherfurd's, and in Case the said John Scollay should not be satisfied therewith, then, I desire the Negro Man Rum may be sold and the above two Bonds may be Collected and so much Money be Remitted by my Executors to the said John Scollay as will pay him the said Debt I owe Him, But in Case Cullen Pollock should Choose to Keep the above two Bonds and pay the said John Scollay so much Money out of the Estate herein after given said Cullen Pollock as will Amount to the same sum, then I desire He may Have his Choice.
Item, 6thly, I Give & Devise to Peggy Cathcart, Daughter of Doct'r William Cathcart, my Negro girl named Ruth.
Item 7thly, I Give & Devise to Sarah Blount, Daughter of Joseph Blount, my Negro Girl named Bridgett.
Item, 8thly, My will & Desire is that all my Household Furniture (not before Given) and all my Stock of Horses, Cattle, Hogs & Sheep be sold to satisfy my Debts, and if any Money Remains, I Give & Devise the same to Cullen & Thomas Pollock, share and share alike.
Item, 9thly, I Give & Devise to Sophia Rasor, Daughter of Edward Rasor, my Negro Girl Named Hannah.
Item, 10thly, I Give & Devise to Fanny Cathcart, Daughter of Doct' William Cathcart, my Negro Girl named Polley.
Item 11thly, I Give & Devise to Thomas Blount, Son of Joseph Blount, my Negro wench named Sarah and all Her Children.
Item 12thly, I Give all the Residue of my Negroes and other
1
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Estate of all Kind Whatsoever or Wheresoever to be found, to be Equally divided Between Cullen Pollock & Thomas Pollock, share & share alike, They & each of them Paying Mrs. Sarah Vaughan the Sum of Eight Pounds, Proclamation Money, Yearly, & Every Year during her Natural Life.
Item, 13thly. I Remit all Money due to me from Tulley Williams.
Item, 14thly, Whereas, I Have herein Given Sundry Ne- groes, Legacies to my Kindred & friends, and not to my Chil- dren & Perhaps it may be thought some of them might Belong to the Estate of my former Husband Mr. Thomas Pollock, this may Certify all who may think so; that none of the said Negroes so Given Belongs to my sd. Husband, Mr. Thomas Pollock's Estate.
Lastly, I Constitute and Appoint Thomas Pollock, Doctr. Robert Lenox, Richard Saunderson, and Joseph Blount, Execu- tors of this my Last will & Testament.
In Witness Whereof, I have hereunto Set my Hand & Seal the First day of December, In the year of our Lord, One thou- sand Seven hundred & Sixty Six.
ELIZABETH SCOLLAY. (seal)
Seigned, Sealed & Declared to
be the Last Will & Testament of
Elizabeth Scollay in the presence of us:
HARDY HARDISON. FREDERICK HARDISON.
The Within Last Will and Testament of Elizabeth Scollay was proved before me this day by the oath of Hardy Hardyson, one of the subscrib- ing Witnesses thereto, who swore that he saw the Testatrix sign, seal Publish & Declare the same to be and Contain her last will and Testa- ment.
Given under my Hand at Newbern, this 12 January, 1767. WM. TRYON.
Copied from the Original Will, filed in the Office of the Secretary of State.
SAMUEL SCOLLAY'S WILL.
IN THE NAME OF GOD AMEN. As It is appointed for all Men once to Depart this Life, I, Samuel Scollay, being sound of judgment and of Perfect memory, I resign my Soul to him that gave It and my Body to the Ground. I make this my last Will hereby revoking all Wills, Deeds and Grants what- soever before made by me, and this only to be taken as my last. What Estate it hath pleased God to bestow on me I give and bequeath as Follows:
I Give and bequeath unto my Dear and well beloved Friends, Thos. Gilford, of Busty, Esquire, In Zetland, and to Magnis 26
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Henderson, of Guarde, Esquire in Zetland, and to George Triel, of Broh, Esquire, I Orkney, In the Island of Sandy, Fifty Pounds Sterling, each, to them, or their Heirs Surviving.
Item I give and bequeath unto my beloved Friend, Mrs. Margaret Stewart, Alias Triel, late Lady of Eleoness in Orkney, in the Island of Sandy, or hir Heirs Surviving, Twenty Pounds Sterling.
Item, I give and Bequeath unto my beloved Friend, Mrs. Mary Tulinton, Alias Davis, Spouse of the Deceased Mr. Robert Davis, Shipbuilder, In Leath in Scotland, to hir or any of her Heirs surviving, Fifty Pounds Sterling.
Item, I Give and Bequeath unto my Brother, Jerman Robert Scollay, of Lerwick, Esquire, in Zetland, to him or his Heirs Surviving, one hundred Ponds Sterling, and it is my Will that these legacies be immediately remitted to Mr. Hugh Black- burn at Norfolk, By my Executors, and by the Said Mr. Hugh Blackburn to be remitted to his Friends for an equal Division.
Item, I Give and Bequeath to my loving Spouse all my houshold Furniture and all this Stock of Catle and living Creatures.
Item, I give unto her two hundred pound, Virginia Currant, to be paid out of the first money that rais'd upon these Goods, Now In the House.
Item, I Give and bequeath unto her two hundred Pounds, Virginia Currant, to be paid out of the Pasquotank Debts. Which Debts amounts to in Bills Bonds Eight hundred & twenty odd Pounds.
Item, I Give unto my loving Friend, Doctor William Cath- Cart, one hundred Pounds, Virginia Currant, to be paid out of the Pasquotank Debts.
Item, I Give unto my beloved Friend, Mr. Robert Todd, of Norfolk one hundred Pounds, Virginia Currant, to be paid out of the Pasquotank Debts when Collected.
Item, I Give unto my beloved Sons in Law, Cullen and Thos. Pollock, all the dry goods lately imported from Virginia, excepting two hundred Pounds, Virginia Currant, which my beloved Spouse is to have in Cash or Goods at her Pleasure.
Item, I Give and Bequeath unto my beloved Sons in law, Cullen and Thos. Pollock, The Remainder of the Pasquotank Debts, when my beloved Spouse hath Drawn her Legacy of two hundred Pounds, Virginia Currant, and Doctor William CathCart and Mr. Robert Todd of Norfolk hath drawn theirs two hundred, Virginia Currant, Then I Give and Bequeath unto my beloved Sons in Law, Cullen & Thos. Pollock, the remainder which amounts to about four hundred Pounds. I give and Bequeath unto my beloved Sons in Law, Cullen and Thos. Pollock, Part of a Track of Land containing about seventy Acres, or thereabouts, laying near the Plank Blidge
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In Pasquotank. It is my Will that Cullen & Thos. Pollock collect the Debts. clear of all Charges at their own Expence.
Item, I Give unto Tully Williams, his Fathers Sword, also the Stock of Cattle at Kettyhauk. It is my Will that Cullen and Thos. Pollock pay off the ballance of that Bond In Vir- ginia Due to White and Scott.
Lastly, It is my Will that my beloved Spouse, and my sons in Law, Cullen and Thos. Pollock, be Executors to this my last Testamt. my Will contains one sheet of paper.
SAM. SCOLLAY. (Seal)
Signed, Sealed, delivered this 15 Day of December, In Presence of
Testis. ANN ANDERSON. ED. RASOR. JOHN NICHOLLS.
Edenhouse, 18 Feby., 1752.
This day Edward Rasor & John Nichols, two of the Subscribing Evidences of the foregoing Will, personally appeared before me & made Oath that they saw Samuel Scollay Sign, Seal & Deliver the same as & for his last Will & Testament, and that he was at the time of his Signing thereof of sound & disposing mind & memory; & at the same time Cullen Pollock & Thomas Pollock two of the Executors appointed by the sd. Will quali- fied themselves by taking the Oath prescribed by Law for that Purpose.
GAB. JOHNSTON.
Copied from Original Will, filed in the Office of the Secretary of State.
DAVID SHEPARD'S WILL.
IN THE NAME OF GOD AMEN, I, David Shepard, of Carteret County, in the Province of North Carolina, being weak in body, but of Sound Mind and Memory, and calling to mind the Mortality of my Body, that it is appointed for all men once to die, do make and Ordain this my Last Will and Testa- ment, in manner and form following: I committ my Soul unto the Hands of God that gave it, hoping through the Merits and Mediation of my Blessed Saviour to receive free pardon of all my sins; and my body I committ to the Earth from whence it was taken, to be buried in Christianlike manner at the Discretion of my Executors. And as to such Worldly Estate as it has pleased God to endow me with, I Dispose of it in the following manner, to wit:
First, I give and bequeath to my son, Solomon Shepard, a piece of Land on the West side of Black Creek which I bought of Lankisthur Lovett; and a piece joining to it which I took up myself; and a piece of Land on Boague Sound, known. by the name of Smiths Hammock whereon he now lives; and a Piece on the head of Broad Creek which I took up myself; and
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a Negroe man named Sanko, and a negro man named Fryday, and a Negro man named Jim, to him and his Heirs forever, he paying Sixty pounds to my Estate for the said Negro Jim, to be disposed of as hereafter shall be mentioned
2th. I give unto my Grand son, David Shepard, son of Solomon Shepard, One Plantation on Boague Sound, at the Mouth of Goose Creek, which I bought of Thomas Townley, and known by the name of Townleys Point; And a Negro Girl named Seaney, to him and his Heirs forever.
3th. I give and bequeath unto the Heirs of my Son, Jacob Shepard, Deces'D, a piece of Land on Boagues Sound, called Whitehall, and a piece of Land on the South Side of Newport River, known by the name of Mount Pleasant; and a piece on the North side of Newport River whereon John Barber once lived; and a Negro man Named Harry, which said Lands he was possessed of in his lifetime & Disposed of in his Will to his Heirs.
4th. I give and bequeath to my son, Elijah Shepard, the Plantation whereon I now live, and a peace of Land on the South side of Newport River Called Snows Neck, and a piece of Land on Boagues Sound known by the name of Bartroms Point, whereon he now lives; and a Negro man named Cuff, and a Negro man named Darbey; and a Negro man named Felix; and a Negro woman named Rachel, he paying for the two last Negroes mentioned to my Estate the sum Twenty Pounds, to be divided as shall hereafter be mentioned; and if my son Elijah should die without Heirs Lawfully begotten of his Body that then, the Plantation on Boagues Sound whereon he now lives, shall be given to my grand son John Shepard, son of Jacob Shepard Dr and his Heirs forever; and the Plan- tation I now live on to be given to my grand son, David Shep- ard, son of Solomon Shepard, to him and his Heirs forever.
I also give unto my Two sons, Solomon and Elijah Shepard, a piece of Land on the South side of Newport River known by the name of Reads Neck; a piece joining to it which I bought of John Harmon, to be Equally divided between them, they paying to my Estate the Sum of Forty Pounds, to be divided as after mentioned.
5, I give and bequeath to my Daughter, Sarah Wallis, a Negro Woman named Cate, and her four Children her life- time; and after her death the said Negroes, and the increase of them, to the Lawfull Heirs of her Body forever.
6. I give and bequeath to my Daughter, Rebeckah Sanders, a Negro Girl named Savinour, During her Life; and after Death to the Lawfull Heirs of her Body forever.
7th. I give and bequeath to my Daughter, Abigail Ward, a Negro Woman named Tab, and her four children and a Negro woman named Thamer and her child, for her lifetime,
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and after her death to the Lawfull Heirs of her Body forever; I also give unto my Grand son, David Ward, son of Abigail Ward, one Negro boy named Anthony.
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