In the Name of God Amen. I, John Porter, Of Beaufort Co. & Province of No. Carolina, Gent. being of Sound & Perfect Mind, memory & judgement, & calling to mind the certainty of Death and my Infirmity of body, do by these presents, revoke and make Void all former Wills & Testaments by me heretofore made or Executed, & do by these Presents make, constitute & ordain, this my Last Will and Testament in Manner & Form Following:
Imprimis, I render my Soul to Almighty God; My body to the Earth to be decently Interred.
Item 1, I will & bequeath unto my well beloved Wife, Elizabeth Porter, one half of my Plantation Situated on the East Side of Durham's Creek, Commonly Called the Garrison, containing 644 acres, be the same more or less, wth all and Singular, its rights, Priveleges, & appurtenances for & during, the term of her natural lifetime; and it is my Will and pleasure, that after her decease, the said one half descend to my eldest Daughter, Mary Porter, & h*er Lawfull Issue; & on failure thereof, to my younger Daughter, Sarah Porter, & her Lawful Issue; & on failure thereof to my Sister, Sarah Richardson, & her Lawfull Issue, to posess & enjoy the same for ever.
Item 2, I Will and bequeath to my eldest Daughter, Mary .Porter, the other half of my Plantation aforsd. on the East side of Durhams Creek, Commonly called the Garrison, & to her Lawfull Issue forever; & on failure thereof, to my Daughter, Sarah Porter, & her Lawfull Issue, & on failure thereof to my sister, Sarah Richardson, & her Lawfull Issue for ever.
Item 3, I Will and Bequeath to my Daughter, Sarah Porter, (all my plantation on the East side of Durhams Creek, commonly call'd Hardings Plantation, be the same more or less, and now adjoyning my Plantation called the Garrison), and to her Lawfull Issue forever; & on failure thereof, to my Daughter, Mary Porter, & her Lawfull Issue; and on failure thereof to my sister, Sarah Richardson and her heirs forever.
Item 4, I Will and bequeath, that my tract of land beginning at Snoads line, from thence to the Savanna, from thence to the Horsepenn Swamp, & from thence to the Dismall; be the same more or less, with all and singular it's Rights, Members, Privileges and Appurtenances, to be occupied in manner & in form following; Viz. They are to keep my Negroes, Or a sufft Number of them, on said Tract to make Tar, Turpne: &c, in order to raise money to pay my funerl charges and all other Law-full demands, that may come ag'st my said Exrs. or agst. the Legattees of my Estate; & that afterwards the same shall descend, to my Eldest Daughter, Mary Porter, & her Lawfull Issue; & on failure thereof to my younger Daughter, Sarah Porter, & her Lawfull Issue; & on failure thereof to my Sister, Sarau Richardson; & her Lawfull Issue forever.
Item 5, I Will and Bequeath that all my Negroes or a sufft number of thezu, togeather with my Horses, Oxen, Cows, Calves, & Sheep, be kept und the care of my Extrs. untill such Time as my aforsd. Debts & Funerl charges be fuly discharged & satisfied- & Iikeways, it is My Will & Pleasure, that all my Hoggs, household Furniture, & other Personal! Estate, by sold at Publick Vendue, by my said Exrs., in order to discharge the Charges && Lawfull Debts aforsd; & my will and pleasure is, that wm those Funerl Charges, & Lawfull Debts are fully & Justly sitisfied & discharged, That then, all my Negroes, Horses, Oxen, Cows, Calves, & Sheep be fairly, Justly, and Equally, divided into three Equal Parts or Proportions (after the Following manner), by my Exrs.—Viz: One third Part or Proportion, I bequeath to my loving Wife, Elizabeth Porter, during her natural life; one third part to my Eldest Daughter, Mary Porter, her Lawfull heirs forever; & the the Remaining third Part to my younger Daughrr Sarah Porter, & her Lawful heirs forever,------
Etem, I Nominate, ordain, Constitute & apoint by these presents, my Loving Wife, Eliz. Porter, Executrix; together with Mich'l Coutanche, Mar* & Nathan Richardson, Mariner, to be Executors of this my Last Will & Testament.
In Wittness whereof, I have hereunto set my hand & seal this, Twenty Ninth day of April, one thousand, seven hund'd fifty Four.
John Peyton Porter, (Seal)
Signed, sealed & Published in the presence of us:
Thos. Lough.
William Tbipp.
Charles Lowther.
Beaufort County, Ss.
At & Court held for the sd. County at Bath Town, on the second tuesday in March 1755.
Prest his Majesty's Justices:
This certifies that the within last will & Testament of Jno. Peyton Porter, decd, was exhibited into Court & proved by the Oath of Will Trippe, who swore that the sd. Jno. Peyton Porter was of sound & disposing mind &, memory at the time he executed it; and that he saw Thomas Lough and Charles Lowther, the other subscribing Witnesses, sign their names thereto at the same lime; and Eliza Stewart (formerly named Eliza Porter) appeared in Court &qualified as Extrx. and Nathl. Richardson appeared & qualified as Ext'or unto the same; and it was ordered that the Secretary have notice that Letters Testamentary may issue.
Test. Walley Chauncey, CL Cur.
Copied from Original Will, filed in the Office of the Secretary of State.
Source: North Carolina Wills and Inventories, copied from Original and Recorded Wills and Inventories In the Office of the Secretary of State by J. Bryan Grimes, Secretary of State, Published 1912)
