North Carolina, Bertie County.
In the Name of God amen. I, John Harrell, of the County and Province aforesd., being of Body but of Perfect and Sound Mind and Memory (Thanks be to God), Do make, Ordain, Constitute and Appoint this my last Will and Testament, Hereby Revoking and Disannulling all others heretofore by me made, & this only to be made & held as my last Will and Testament, in manner and form following &c:
Imprimis. I Leave to my Beloved Wife, Grace Harrill, Dureing her Natural life or Widowhood, the Use of the Plantation -whereon I now live, & all the Land thereunto Belonging, and all my Stock of Horses, Cattle, hoggs & Sheep, & all my Houshold furniture & Plantation utensils; and the use of the following Negroes, (to wit) Patt, Bett, Rachel, Sambo, Jemmy, Jenny, Phillis, & Jack, and after her Decease or Marriage, to be Given & Divided in the following Legacies.
Item. I Give and Bequeath to my Son, Jesse Harril, his heirs and Assigns for ever, the Plantation whereon I Now live, and all the Land thereunto belonging, and two Negroes (to wit) Patt & Jack.
Item. I Give and Bequeath to my Son, David Harrell, his heirs and Assigns for ever, the Plantation whereon he now lives, Containing One hundred & Sixty Acres, being part of the Tract of Land I bought of Mr Thomas Barker, and One Negroe Girl Nam'd Fillis.
Item. I Give & Bequeath to my Son, Josiah Harrill, his heir? & Assigns for ever, the Plantation whereon he now lives, containing One hundred & Sixty Acres, being part of the Tract of Land I bought of Mr. Thomas Barker; and One Negroe Wench Named Bett.
Item. I Give and Bequeath to my Son, Ezekiel Harrill, his heirs and Assigns forever, the Plantation whereon he now lives, Containing One hundred & Sixty Acres, being part of the Tract of Land I Bought of Mr. Thomas Barker, and One Negroe Boye Named Jemmy, and all the Cattle that is of his Deceas'd Brother Hardys Mark.
Item. I give and Bequeath to my Grandson, Esias Harrill, son of Esias Harrell, Dece'd, the Plantation whereon Jonathan Spivey now lives who married the Widow of the said Esias Harrill, Deceas'd, it being part of the Tract of Land I Bought of Mr Thos. Barker, Which sd. Land I give to my sd. Grandson, Esias Harrill, bis heirs and Assigns for ever.
Item. I give and Bequeath to my Grand Daughter, Sarah Harrill, Daughter of Esias Harrell, Dec's'd, one Negroe Girl named Jenny, only, Reserving that my Grandson, Esias Harrill above Mentioned, shall have the first Child that the sd. Negroe Girl Jenny brings and Raises to the Age of Two years old. and in case my said Grand Daughter, Sarah Harrill, die without Lawfull Issue of her Body, then my Will and Desire is that the said Negroe Girl Jenny and he Increase, fall to my sd. Grandson, Esias Harrill, his heirs and assigns forever.
Item. I give and Bequeath to my Grand Children, the Children of my Son, John Harrill, Deceased, the Sum of Thirty Pounds, Virginia Currancy, to be paid after the Decease of my Wife, Grace, and then to be Equally Divided among them, share and share alike-
Item. I give and bequeath to my Grand Children, the Children of Sarah Williams, Dec'd, the Sum of Twenty four Pounds, Virginia Curraacy, to be paid by my Exors. after the Decease of my Wife, Grace, and then to be Equally Divided between my sd. Grand Child'n Share and Share alike-
Item. My Will and Desire is that my Two Sons, David & Josiah Harrill Pay the above Sums of Money to my Grand Children above Mentioned, and that my son, David, for Paying his part of the Money shall have one Negroe Girl named Rachel, for which he is to pay Thirty Pounds Virginia Money, & my Son Josiah shall have One Negroe Boy Named Sambo, for which he is to pay Twenty four Pounds, like money, only in Case the sd- Negroes or either of them shall die before my Wife, Grace, dies lien, and in that Case, the sd Money is to be paid out of my whole Estate, and my sd Grand Children shall allow a Proportionable abatement with the Rest of my Children-
Item. I give and Bequeath the use of my Copper Still, to my four Sons, only, that they shall still all their Mother Liquor during her life, and after her Decease, I give the sd. Still to be Equally Divided Between my said four sons & their Heirs. Item. I give and Bequeath my whole Estate that is not above Given in Legacies, After the Decease of my Wife, Grace, to be Equally Divided Between my four sons, Jessee, David, Josiah, and Ezekiel Harrill, and there Heirs & Assigns forever. Lastly, I Nominate, Constitute & Appoint my three Sons, Jessee, David, & Josiah Harrill, Executors to this my last Will and Testament, In Witness whereof, the sd John Harrill hath hereunto set his hand and Seal, the first Day of November, Anno. Dom., 1756.
John Harrell. (Seal)
Sign'd Seal'd Published & De-
clared by the sd. John Harrill, to
be his Last Will and Testament in
Presence of us:
Witness. Wm. Williams.
Edward Toole, Jurat.
Jonathn. X Toole his mark, Jurat.
Memorandum, Octr. 10th., 1758.
Whereas, in this my Will above Written, I have not given any Legacies to Elizth. Spivey, formerly wife to my Son, Esias Harrill Deceas'd, nor to Thomas Williams, who Married my Daughter, Sarah Harrill, now Deceas'd, nor to Mary Harrill, now widow of my son John Harrill, deceas'd; But. what I intended for my said Deceased Children in case they had lived, I have given to my Grand Children, the Children of my said Deceas'd Children above mentioned and I do by these presents Declare that i: is my Will and Desire that Eliz. Spivey, Thomas Williams nor Mary Harrill shall have no part of my Estate of any kind mentioned in this my last Will and Testament above written.
John Harrell
Witness. Wm. Williams.
Edwaed Toole, Jurat.
Jonathan Toole, Jurat.
Bertie County, ss. April Court, 1759.
The Annexed Will and Testament of John Harrell Deed, with the Codicil thereto, was Exhibitor! Into Court by Jesse Harrell and Josiah Harrell two of the Executors therein appointed, and Proved by the Oaths of Edward Toole and Jonatham Toole, two or the Subscribing 'Witnesses thereto, and at the same time the same Exors were duly Qualifyed. Which was Ordered to be Certifyed.
................................................................................................Test. Benjn. Wynns Cler. 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)