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 9

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 9


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This Court being of the opinion that the said Will has been Sufficiently proved Ordered that the Secretary have notice thereof. And for the Satisfaction of Such as it may concern this Court Has caused the foregoing proofs exhibited into Court to Support and maintain the Will afsd. to be thereunto annexed, which together with the Said Will, the Motion of Simon Alderson afsd. are ordered to be recorded.


Then Came Simon Alderson One of the Exec. of the Said Will into Court and took the Exec. Oath To perform the Said Will of the Deceed. aforesaid, as the Law directs.


Testis THOS: JONES CIr. cur.


Recorded in Will Book 3, page 95, Office of Secretary of State.


ANNE BRYAN'S WILL.


IN THE NAME OF GOD AMEN, the 25th. Day of October, 1767. I, anne Bryan, of Craven County, & Province of North Caro- lina, being Sick & weak in body but of Perfect mind and Mem- ory, Thanks be Given Unto God therefore, Calling Unto Mind the Mortality of my Body & Knowing that it is Appointed for all Persons Once to Dye, Doe make & ordain this my Last Will & Testament, that is to say Principally, and First of all I Give and Recomend my Soul into the hands of God That Gave it; my Body I recomend to the Earth to be buried in a Desent Christian Like buriel, at the Discretion of my Executors,


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Nothing Doubting but at the General Reserrection I shall Receave the same by the Mighty Power of God: And as Touching such Worldly Estate where with it hath Plessed God to bless me with in this Life, I Give, Demise & Dispose of the same in the Following Manner & Form:


Item. I Give & bequith to my Well beloved Son, William Bryan, One Negro Woman Named Venis, One horse Called Bull, One Large Looking Glass, One Silver spoon, One Large Ovel Table, a Safe, & the half of my Cattle on Hatterass Banks, to him and his heirs.


Item. I Give & bequeath to my Well beloved Son, John Bryan, One Negro Man Named Kent, One Peace of Land Lay- ing on the No. Side of Neuse River & West Side of Island Creek, Containing 40 Acers, be the same More Or Less, which I Bought of John Starkey, Known by the Name of Fort Neck, One Mair Colt Bonney, One Cow & Calf, spise Morter & Pessell, One Silver Table spoon, the half of my Cattle on Hatterass Banks, & the Labour of One Free Born Negro Boy Named Asa, Tell his Indentuers shall be Exspierd, to him & his heirs for ever.


Item. I Give & bequeath Unto my Well beloved Son, Jesse Bryan, One Peace of Land Containing 150 Acers which I Bought of Thos. Carraway, Laying on the No. Side of Neuse River & East side of smith Creek; 100 Acers which I Bought of Samuel & Isaac Easlick, on the No. Side of Neuse River & head of Orchard Creek; One Negro Man Named Seasor, One Boy Named Will, Two Negro Wimen Named Rose & Jane, & the Labour of Two Free Born Negro Boys Tell there Inden- tuers is Exspierd Named. Aron & David, & Two horses Called, Frolick & Poilet, to him & his heirs for Ever.


Item. I Give and bequith to my Well beloved Daughter, mary Cook, One shilling Sterling, to her & hier heirs For Ever.


Item. I Give and bequith to my Well beloved Daughter, Elizabeth Dawson, one Shilling Sterling, to her & her heirs.


Item. I Give and bequith to my well beloved Grandson, Joseph Stockley, one Shilling Sterling, to him & his heirs.


Item. I Give and bequith to my Well beloved Grandson, John Dawson, one Shilling Sterling, to him and his heirs.


Item. I Give and bequith to my Well beloved Son, Jesse Bryan, all the Remainder Part of my Estate, to him and his heirs.


I Likewise Constitute, make & orDain my Loveing Sons, William Bryan, John Bryan, & Jesse Bryan, Executors, of this my Last Will and Testament, and I Doe here by Utterly Dis- allow of and Revoke and Disanull all Former Wills by me made, Confirming this and Noe other to be my Last will & Testament.


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In Witness whereof, I have here Unto Sett my hand & seale, the Day and Year above Written.


ANNE BRYAN (Seal)


Signed, Sealled, Published, Pro- nounced, and Delivered, by the said Anne Bryan, as her Last will & Testament, in the Presents of us the Subscribers:


JAMES CARRAWAY. ANN CARRAWAY. ELIES JUSTES. GIDEON CARRAWAY.


The above last Will and Testament of Ann Bryan, was proved before me this 9th. day of March, 1773, by the Oath of Gideon Carraway, one of the subscribing Witnesses thereto, who swore that he saw the Testatrix sign, seal, publish & declare the same to be her last Will and Testament, and that at the time thereof she was of sound and disposing Mind & Mem- ory.


And John Bryan one of the Executors therein named, having taken the Oath appointed for his qualification, It is ordered that letters Testamentary issue thereon


W. MARTIN.


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


EDWARD BRYAN'S WILL.


IN THE NAME OF GOD AMEN, This 28th Day of January, In the Year of our Lord, 1745, I, Edward Bryan, being In per- fect mind and memory, blessed be God for his Mercy, calling unto Mind that it is Appointed for all men to Die Doth make this my Last Will and Testemt, and Dispose of my Worldly Estate wherewith God hath blessed me With, as followeth:


Imprimis. Unto my Eldest Son, John Bryan, I give and bequeath to he and his heirs lawfully begotten of his body and their bodies, for Ever, Two hundred Acres And Twenty Acres of Land, being part of the Land which I bought of Martin Frank, and Edward Frank, called New Germiny, beginning at the begining bounds of the Deed, On Jacks cabin branch, and Runing the bounds of the Deed for the Two hundred and Twenty Acres, which shall be Marked out by the Exs: or Some other Appointed person; Unto my Son, Edward Bryan, I give and bequeath To him and his Heirs Lawfully begotten of his Body and of their Bodies, for Ever, Two hundred & fifty Acres of of Land being part of the Land wch. I bought of Martin Frank and Edward Frank, call'd New Germany, begining on the Left bounds of his brother John's and Runing Up Towards Cyprus Creek within the Deed, For the Compliment to be


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Marked out by the Exs. or some other Appointed person, in any shape or Course as they shall see fit & proper.


Item. I Give and bequeath to my son, William Bryan, and his Heirs Lawfully begotten of his Body and of their Bodies for Ever, three hundred Acres of Land, more or Less, being the Remaining part of the Two Deeds as I bought of Martin Frank and Edward Frank, called, New Germany, the Four hundred and Seventy Acres given to his Two Brothers Excepted, to them, and if any one of my Three Sons should Die without Heirs lawfully begotten of their Bodies, his portion bequeathed as affsaid shall be Equally Divided between the two living Bro- thers and their heirs lawfully begotten of their bodies for Ever; Also I give and bequeath to my Son, John Bryan, One lot In Newburn Town, to him, his heirs or assigns.


Item. I Give and bequeath unto my son, Edward Bryan, one Lot in Newburn Town, to him, his Heirs or Assigns; and I give and bequeath to my son, William Bryan, one lot in New- burn Town, to him, his heirs or Assigns. These three lots shall be Divided by my Exs., of other appointed persons, when my son, John Bryan, shall be at Age; Also I give and bequeath to my Daughter, Penelipy Bryan, One lot in Newburn Town, The lot and Storehouse, the same lot whereon the storehouse now Stands; Also I give and bequeath to my Daughter Penelipy Five Hundred Pounds, in bills, instead of a Portion of Land, to be paid out of my Money which lies in stock of Trade, at Age, or at the Day of Mareage; also I give and bequeath One hundred pounds in bills out of my Stock of Money in Trade, to buy her a bed and furniture, to be paid out at the Executors Discression before he comes to Age if Need be for it.


Item. I Give and bequeath to my loving Wife, Ann Bryan, One Plantation and all the Survey of Land belonging to it, lying on the West side of swifts Creek, Surveyed for me in One Thousand Seven hundred and forty four-five, called paradice, to her, her heirs or Assigns. And all the Rest of my Lands as is Not Given by Will or Deed, I give and bequeath to be Sold at the Exs. Discression, and the Sale and title shall be good to whomsoever shall buy it: also I give and bequeath to my Loving Wife One Negro Women called, Agey, and One Negro Man called Will, One Negro man called, London, One negro Man called Simon; also two plowhorses; also Five Riding horses; also all my stock of Cattle, sheep & hoggs, Except Twenty four Cows and Caves, Seven Stears only also I give all my household Goods as beding, Cetchen Wair, and all Ves- sels of Iron, brass, Copper, or puter, or Wood, and all other Vessels of any Kind, as ar generally Used in the house.


And I give and bequeath to my Three Sons, and Daughter, John, Edward, & William Bryan and Penelipy Bryan, Twelve Negroes Named as follows: Melatto, Tener, Sary, Nancy and


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little Egey, Tom, Cesar, George, Joseph Called Joe, Jack, Frank, & Robin, & Primas; and also I give and bequeath to them Twenty four Cows and Calves, and four Mairs. The said Negroes & Cattle and Mairs to be at their own proper Resque & Not to be Divided nor any Division made between my four Children of Neither Negroes, nor Cattle, nor horse- kind, until my Eldest son John shall be of Age, that is to say, of Twenty One Years, and then there shall be a Devision made by the Exs. and three other Men chosen by the Court. The Negroes and their Increase the Cattle and horse Kind & their Increase, The Cattle and horse Kind and their Increase shall be Equally Divided between my four Children and shall be at Each ones proper Resque.


Also I Give unto my Three sons, Each, One hundred Pounds in bills to buy Each of them a bed and Furniture, and this Three hundred Pounds shall be paid out of my Stock of Money that lies in Trade.


And my Desire is that my four Children should have Seven Years schooling and between the Age of seven Years old and Seventeen Years old, to be given in such Siencies as the Exs: shall think proper, and the Cost of their Cloathing, Washing, lodging, and schooling and Vittling, shall be paid out of their Negroes Labor put to Use as the Executors shall agree and think proper.


Also I Give my loving Wife the Use of my Childrens Negroes the first Two Years after my Decease, she paying the Chil- drens Expences, and when the Two Years is out the Children to have the Vallue of their hire for the time to come.


Also I Give the Money that lies in Trade, the Remaining part that is Not Given already, to be Divided, my Loving Wife to have One Third part, and the Two Third parts to my Chil- dren, to Equally Divided. Likewise I leave four Stears at Wiggines, One at Grimes, two at Goose Creek, and One of my Riding horses to be sold, to pay Jane Hand the Money Due to her Upon the books.


I likewise Constitute and Ordain my Loving Wife, Ann Bryan, and my Loving Brother, Hardy Bryan, and my Loving Bro- ther, Lewes Bryan, to be my true and Lawfull Exx. & Exec- utors of this my last Will and Testament.


As Witness my hand the Day and Date above mentioned.


EDWARD BRYAN. (Seal)


Signed, Sealed & Published


before Us:


WM. WHITFORD. JANE HAND. RICHARD HART.


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May 9th, 1746.


These are to Certifie that Richd. Hart, and Jane Hand, came before me, Enoch Hale, Esqr., Chief Justice of North Carolina, and made Oath that they saw the w'thin nam'd Edwd. Bryan, in his Lifetime, Sign, seal & Publish the w'thin Wile & Testamt., and that he, the said Edwd. Bryan, was of sound mind and disposeing Memory at the time thereof, as also that Wileiam Whitford was a Concurring Evidence wth them.


Test. E. HALL, C. J.


And The said Enoch Hale, Do further Certifie, that Hardy Bryan & Ann Bryan Exr. & Exx. to the wth. Wile, Qualified themselves According to Law by taking the Oath appointed.


Ordd that Letter's Issue Accordingly.


E. HALL C. J.


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


HARDY BRYAN'S WILL.


IN THE NAME OF GOD AMEN. I, Hardy Bryan, of the prov- ince of North Carolina, & Craven County, Planter, being sick in Body, but of sound Mind & Memory, do make my last will & Testament in the form & Manner following, that is to say:


It is my will that the plantation on which my son Thomas now lives, consisting of about Two hundred & Seventy acres, be divided by the ash Branch, & then I give & bequeath that part of it lying on the North Side of the ash Branch to my said Son Thomas, to him & his Heirs for ever. I further give & bequeath to my son, Thomas, one Negroe man named Edin- burgh, & one negroe Girl named Lucy, which said Lucy is already in the Possession of my son Thomas.


I give & bequeath to my son William, to him & his heirs forever, two hundred & seventy acres of Land, be the same more or less, which I bought of my Brother Lewis, & is adjoin- ing to the Land of Frederick Isler. I further give & bequeath to my son William to him & his heirs for ever one hundred Acres of Land which I bought of Frederic Jones, & lying on the West side of Trent River. I further give & bequeath to my son William, One Negroe Boy named Cain, which I have already delivered into his Possession.


It is my will & desire that the Plantation or Survey of Land on which I now live be equally divided, & then I give & bequeath to my son, Hardy, to him & his heirs for ever, after the Marriage or death of his affectionate Mother, the upper half of the said Plantation or Survey, or that half of it on which the houses are now erected.


And I give & bequeath to my Son, Nathan, to him & his heirs for ever, the other or lower part of the said Plantation or Survey of Land. But if my son Nathan shou'd (die) without Issue or before he arrives at the age of Twenty one Years,


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then I give & bequeath the whole of the said plantation or survey of Land I now live upon, to my son Hardy, to him & his heirs for ever, after the Marriage or Death of his affectionate Mother; or if my Son Hardy shou'd die without Issue, or before he arives at the Age of Twenty One Years, then I give & be- queath the said whole Plantation or Survey of Land on which I now live, to my Son Nathan, to him & heirs for ever, after the Marriage or death of his affectionate Mother. But if both of my Sons Hardy & Nathan should die without Issue, or before the Age of Twenty One Years, then whatever Land I have given & bequeathed to my Sons Hardy & Nathan, I give & bequeath to my Son Lewis, to him & his heirs for ever.


I give & bequeath to my Son, Isaac, to him & his heirs for ever, one half of the plantation or Land on which my Son, Thomas, now lives, namely, that half of it which lies on the South Side of the Ash Branch.


I give & bequeath to my Son, Lewis, to him & his heirs for ever, one front Lot in the Town of Newbern, lying upon Nuce River, & one of my Two front Lots in the said Town lying upon Trent River, it being my will that my son Lewis, shall take his Choice of the said Two Lots lying upon Trent River. But if my Son, Isaac, should die without Issue or before he arrives at the age of Twenty One years then I give & bequeath to Son, Lewis, to him & his heirs for ever, all the Land which I have given & bequeathed to my Son Isaac; But if my Son Lewis shou'd die without Issue or before he arrives at the Age of twenty one Years, then I give & bequeath to my Son, Isaac, to him & his heirs for ever, all the Lots in Newbern which I have given & bequeathed to my Son Lewis.


I give & bequeath to my Daughter, Mary, to her & her heirs for ever, one Front Lot in the Town of Newbern Lying on Trent, after My son Lewis has taken his Choice of the two Lots as before mentioned.


It is my will & desire that my loving wife, Sarah, so long as she shall continue my Widow or live unmarried, shall have one half of the plantation or Survey of Land on which I now live, particularly, the upper half, or that half or part on which the houses are now erected. And it is further my will & desire, that as long as my loving Wife, Sarah, shall continue my widow or live unmarried, she shall have the Use & profits of the follow- ing five negroes, namely, one negroe Man named David, one negroe Man named Pomp, one Negroe Man named Frank, one negroe Man named Ben, & one Negroe Girl named Scylla; But then it is my Will & desire that my loving wife Sarah, shall find Meat, Drink, Washing, Lodging, & Schooling for my Children till they are married or arrive at the Age of Twenty One Years, out of the profits arising from the plantation & the Labour of the five Slaves abovementioned. And it is further


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my Will that the said Five Negroes, David, Pomp, Frank, Ben & Scylla be equally divided among all my Children, at the Marriage or Death of my loving Wife Sarah. I likewise give & bequeath to my loving Wife, Sarah, all my Stocks of cattle, Hogs, Sheep & Horses, all my household furniture, all my Plan- tation Tools & Implements of Husbandry.


It is further my will & desire that my following Six Children, namely, My sons, William, Hardy, Nathan, Isaac & Lewis & my Daughter, Mary, or the Survivors of them, shall have, & be equal Sharers of, all the rest of my Negroes not mentioned in this will, in the Manner following, that is to say, the rest of my Negroes not mentioned in this Will shall not be immediately divided, but each of my said Children, namely William, Hardy, Nathan, Isaac, Lewis & Mary shall have & receive his or her Share of the said Negroes & their Increase on the Day of Mar- riage or at the Age of Twenty one Years, And it is my Will that when any one of my said Six Children shall have received his or her Share of the said Negroes as before directed; he or she so receiving his or her Share shall not have any Claim or Title to the remaining Slaves or their future Increase.


I do hereby nominate & appoint my Sons, Thomas & Wil- liam, Executors, & my loving Wife, Sarah, Executrix, of this my last Will & testament, & I do hereby revoke & disannul all other Wills heretofore by me made.


Witness my hand & Seal, this Twenty Eight Day of Feb- ruary, in the Year of our Lord, One thousand, Seven hundred & Sixty.


HARDY BRYAN (Seal)


Signed, sealed & acknowledged in the Presence of (the words "for ever" being first interlined in the Second page of this will):


JAMES REED. SHADRACH ALLEN. his MATTHEW X ARTER. mark


NEW BERN, 6. May, 1760.


The foregoing last Will and Testament of Hardy Bryan, deceased, was duely proved before me, by the Oaths of James Reed and Matthew Arter, Evidences thereto. At the same Time Thomas Bryan, one of the Exec- utors within named, and Sarah Bryan, named Executrix in the foregoing Will, qualified before me by taking the Oath of Executor and Executrix.


Let Letters Testamentary issue to the said Thomas Bryan, and Sarah Bryan, on the foregoing Will accordingly.


ARTHUR DOBBS.


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


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JOHN BRYANT'S WILL.


IN THE NAME OF GOD AMEN. The fourteenth day of Sept., one thousand, Seven hund., Thirty and four, I, Jno. Bryant, of Edgecombe precinct, in North Carolina, being very weak in body but perfect of mind and memory, thanks Be to Al- mighty God for it, And knowing that it is appointed for all Men once to die, Do Make, Constitute and appoint this to be my Last will And Testament, Revoking and Disanulling all other Wills and Testaments Ever before me made: And as for the worldly Inheritance the Almighty God hath Endowed withal, I Leave and Bequeath in manner and form following:


Imps. I leave and Lend to my well Beloved wife, Elisabeth Bryant, During her natural life, A Molatto wench Called Bess, and her Own bed and furniture, as also another bed and fur- niture wch. hath Oznabrigs Tick to it, One black walnut Safe, and half Adozn. turnd frame Rush chairs, And one trunk, And A Large Iron pot wt. A Still made upon it, and A Small Iron pot, One Brass Skellett, five tongs and Shovel, and Box Iron & Chaffing dish, as also A grey gelding, Bridle and Saddle, & A Mare & Colt called Diamond, & twenty five head of cattle, Young & old, and four Sheep, as also two Basons of putre & two dishes, four plates & half a Dozen Spoons And an Iron Spit.


Item. I Leave and Bequeath to my Son, Wm. Bryant, his heirs & Asss . for Ever, A tract of Land Beginning in the Marsh where ye. Line Crosses it, So running thro ye. pasture along ye. water course to another tract of Land, and then Continuing ye. water course to the Lower Line. I further give & Bequeath to him another tract of Land in Cupress Swamp known by the name of Ballards; I also Leave as afforsd. My other tract of Land Lying & Being in ye. East side of Deep Creek, Upon the Indian path; as also another tract of Land Lying in a Bever Dam Swamp, that Leads out of fishing Creek, known by the name of Polluck's Bever Dam; as also two Negroes, the One Named Robbin, the other Mingo, One New feather Bed wt. furniture, Called his bed, One Large Iron pot & a smal one, One Black walnut Round table, and four Leathern chairs, One new Case of Bottles, two putre Basons, two putre dishes, Four putre plates, & half A Dozen Spoons, One Buckaneer Gun, and whatsoever Cattle, hogs, horses and Mares that now Are Called his, and fifteen head of my own Stock here at Home, and four Steers that are at Canahoe, and all the rest of My Cattle at Canahoe, to be Divided betwixt he and Jno. Fort. I Further Leave & Bequeath to him A Bay horse called Spot, wt. A new Saddle and Bridle, and four other horses & mares And four Sheep; I also Leave him Seven pounds, Currant.


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Item. I Leave and Bequeath to my Son, Arthur Bryant, his Heirs and asses. for Ever, the plantation whereon I now live, joyning To the Land wch. I gave to my Son William, and another plantation On Deep Creek, where Richd. Camp now Liveth, And One hundred Acres of Land Lying in Cahukee Swamp. I also Leave & Bequeath to him a Negro Boy, Called Tom, and A Negro girl Named Jenny, I also give him a Large feather Bed wt. new furniture, I also Give him A Black walnut Square table, and four Leather Chairs, two Iron pots, two putre Basons, two Do. Dishes, and four plates, and One Iron Spit, and Six head of horses & Mares, And all the Stock of Cattle and Hogs in ye. plantation where Richd. Camp now Liveth, to be Divided Betwixt Camp and he, And twenty five head of Cattle, Young and old, of my home Stock, And four head of Sheep. I also Leave and Bequeath to him Seven pounds Currant Money of Virginia, and One Silver Sack Cup, and One Small trunk, and an Iron Bound Case of Bottles.


Item. I Leave and Bequeath to My Son, Davie Hopper, A hundred and Sixty Acres of Land Lying in the fork of the Bever Dam Swamp, joyning the Land I gave to My Son, Wil- liam, I also Leave & Bequeath to him twenty pounds Currt. Money of Virginia, due to me pr. James Barns, By a note under his own hand, appeareth to be paid at Mr. Theophilus Pughs. As also to my Son Hopper Two thousand weight Of pork to be paid at his own house.


I also Leave and Bequeath to my well Beloved friend, Jno. Pope One hundred Acres of Land in A place On Cahukee Line, below ye. place where Robt. Wright Now Liveth.


I also Leave and Bequeath to James Turner, Living in Vir- ginia, the Remainder of the tract of Land I Left to my Son Hopper.


I Leave and Bequeath all the rest of My Moveable Estate, to be divided Betwixt my wife, and my Son Wm. and Arthur, at the discretion of my Executors, Whom I Constitute and appoint who are My Sons, Davie Hopper and Wm. Bryant. Publishing, Declaring and pronouncing this and no other to be my last will and Testament.


Sealed wt. my Seal and dated the 14th day of 7 E., 1734.


JOHN BRYAN (Seal)


ROBT BEDFORD, ARCHBALD THOMPSON, her ANN X TRAZIER. mark


No CAROLINA. EDGECOMB SS. At a Court held for the Said Precint. on the third Tuesday of May, anno Dom. 1735. Present His Majesties Justices:


These may Certifie, that Anne Frazier, one of the Subscribing Evidences to the within Will, Appeared in Open Court and made Oath on the Holy


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Evangelists that he was present and Saw, John Bryant, Sign, Seal & declare the within to be and Contain hie Last Will & Testament, & that the Said John Bryant was then and at that time of Sound and disposeing Memory; & that he Saw Robt. Radford, and Archd. Thompson, the other Subscrib- ing Evidence Sign their names thereto at the Same time. Then also Appd. Davis Hopper, and William Bryant, Executors, in Open Court, and took the Execu. Oath in due form of Law.


Ordered that the Secrey have notice thereof, that Letters Testamentory Issue there on


Test. J. W. MER-(?) Cler. Cur


Copied From Original Will filed in the Office of the Secretary of State.


SIMON BRYAN'S WILL.


N. CAROLINA, BERTIE COUNTY.


IN THE NAME OF GOD AMEN. I, Simon Bryan, being in my perfect Sences but in a Very bad State of health, do make this my Last will & testament, revocking all former wills what- soever by me heretofore made, Constituting & appointing my wife Ann, My Bror. Edward Bryan, & my Son, David, my Sole Exors. First my Soul to almighty God in Sure & Certain hopes of a resurection from the Dead through the merits of my Lord & Saviour Jesus Christ, my Body to be buried at the discreation of my Exors., my Worldly goods in the following manner:




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