IN the Name of God Amen. I, Edward Batchelor, of the Town of New-Bern, in the State of North Carolina, being Sick, and weak in Body, but of Sound Mind, memory and understanding, do make and publish this my last Will and Testament in manner and form following, to wit: first I recommend my Soul into the Hands of almighty God; and my Body I commit to the Earth to be decently buried at the Discretion of my Executors hereafter Named; and as touching the Disposition of all my temporal Estate, I give & Dispose thereof as followeth:
Imprimis. I Will that my Debts and funeral Charges shall be paid and Discharged.
I give and bequeath unto my well beloved Wife, Francis Batchelor, all my household Furniture plate and every Article of Kjchen Furniture &; I also give and bequeath unto my Said Wife one Negro Wench named Cordera, and a negro man Named Frank for and During her natural life and after her Decease 'my Will is the Negro Wench Corderia shall go to my Daughter Elizabeth and the Negro Frank shall go to my Son John to him and their Heirs and assines.
I also give to my eldest Daughter, Elizabeth, the increase of the above mentioned Negro Wench Cordera in case She has Children; and my Gold Watch.
I also give and bequeath unto my Son, John Batchelor, a Tract of Lying on Susquehanna in Pensilvania, and my wearing apparel.
I also give and bequeath unto my Son, Edward Batchelor, a negro Boy named Moody, and also my Stock Buckel and Sleve Buttons.
I also give and bequeath unto my Daughter, Frances Batchelor, a negro Wench and child, the Wench Named Judah and her Increase & that my estate to be charged for these two Negros, and Credit given the Partnership of Assheton & Batchelor for the Value of them when they came into the Country.
It is my Will and Desire that my good friend, Thomas Assheton, shall have the Management and is Impowerd hereby, to Receive all Debts due and Owing to me on my private account in Pensylvania and the Jerseys for the use of my private account and family, and that if my Said Thomas Assheton should Die before such Settlement is finished that then and for the Same purpose, I do hereby apoint my Good friend, John Chevilear, Esquire, to do the Bussiness for the purposes aforesaid.
And it is my Will and Desire that as soon as it may be convenient after After my Decease, that the Accounts of the Partnership of Assheton & Batchelor may be Generally Settled, and for that purpose all the Goods on Hand, and Negros, the following Vessels in which the partnership of Assheton and Batchelor is concerned with other people in Interest of Vessels and Cargo, Vizt: one half of the Sloop Betsey in partnership with Seamore Hood; One quarter of the Schooner Called the Patrick Henry, in partnership with Stacey Hebum & Seamore Hood; One Sixth part of the Sloop Lydia, in company with Jno. Wright Stanly & others. Those Vessels being now on their Voyages at Sea to be Sold on their Return, that is to say, that part of the Said Vessels & Cargoes which is above Mentioned belonging to the Comry of Assheton & Batchelor. Three Quarters of the Ship Called Harmony Hall, now lying in the Harbour of New Bern with a Cargo on Board bound to France, whereof John Darcius is One Quarter Owner, who was to get the Said Ship Insured at Charles Town, if so, I would not have Our part Sold untill she has made the Voyage and returned, But if the Insurance Shou'd not be made, I do in that Case Will & require that the three Quarters of the Said Ship belong-in to the partnership of Assheton & Batchelor may be Sold immediately after myDecease before the Voyage is made. The new Ship Called the Harriot, now lying at my warf, also a small Sloop called the Dolphin, and the Schooner Called the lively, now lying in the Dock at my Wharf, all belonging the partnership of Assheton & Batchelor, my desire is that those three last Mentioned Vessels be also Sold for the Account of the Said Partnership. And my Will and Desire is that the Concerns of the Partnership of Assheton and Batchelor may be as Soon as convenient Generally and finally Settled, and that After the partnerships Debts are paid andSatisfied the Amount of My Share of the Stock in trade my Will and Desire is that the Same bed is pcsed of in the following manner, that is to say:
I give and bequeath unto my well beloved Wife, Francis Batchelor, fifteen hundred pounds, to be paid unto her After the Settlement is made by my Executors.
I also give and bequeath to each of my Children the like Sum of fifteen hundred pounds each, to be put out at Interest untill the Boyes Shall arive to the Age of Twenty one, and the Girls to the Age of eighteen years old, and do appoint my well beloved wife Guardein to my Said Children, with the Advice of my Executors. And it is my Will and desire that if After a Settlement of Partnerships Concerns there Should remain more money then is required to pay the sum of fifteen hundred pounds to my wife and the like Sum to each of my Children according to the above bequists, that then the Overplus be equally devided between my wife and Children. And if my Interest Sbou'd fall Short of the Sum of fifteen Hundred pounds each, then each of them to have as much less in proportion so that what they are to receive may be equal to each. And it is my Will & request that my children be kept at school and that they may Virtuously brought up in the Fear of God, and the Interest of the money shall be applied to Defray the expence of Education; And it is my further Will and Desire that if any of my Children shou'd Die before they arive at age that then their part of money &c., shall be Equally Devided among the Survivors.
I also give and bequeth unto my Beloved wife, my Horse and two Chairs, Harness, Saddle, &c., to her only Sole use, benefit & behoof and also all the Rest and Residue and remainder of my Worldly Goods and effects whatsoever I give devise and bequeath unto my Said Wife.
And I hereby Nominate and Appoint my good friends Thomas Assheton of Philadelphia, Dr. Thos. Hashne of New Bern, & Frances Batchelor my Wife, Executors and Executrix of this my last Will and Testament hereby revoking all former Will and Wills by me heretofore made.
In Witness whereof I have hereunto Sett my hand & Seal this------day of November, 1777
.......................................................... (Seal)
Signed, Sealed, published and
Declared by the Above Named
Edward Batchelor as and for his
last Will & Testament in the pres-
ence of us who have hereunto
Subscribed Our Names as Wit-
nesses thereto, and in the presence
of each other:
N. B. The Words interlined, between the Tenth and Eleventh lines & to the end of that paragraph (for and daring her Natural life and after her Decease my Will is the negro Wench Corderia shall go to my Daughter, Elizabeth; and the negro Frank shall go to my Son John to them their Heirs and Assignes) were entered so before Signing & other words Interlined, to wit: My, her,
NORTH CAROLINA, CRAVEN COUNTY SS.
This day about Seven o'Clock after noon, personally appeared before me, Joseph Leech, one of the Justices for said County, Richard Cogdell, Esqr., Who being Sworn on the Holy Evangelists Declareth, that on tuesday the twenty first. Instant, November, a Messenger came and told him Mr. BatchcDor was very IS and desired to See him, that he went to Mr. Edward Batchelor's, who sayed he had Been for some time very Sick and in a bad State of health, and was desirous of making his Will and wanted the favour of his assistance to do it. In Compliance thereto said Cogdell took down in writing several Instructions from said Mr. Batchelor about the Same and after having prepared the same, the next day waited on Mr. Batchelor with it, and read it to him, with which he approved, and then gave him some further directions for finishing and compleating his said Will, all but the naming of an Executor, which he desired him to Leave a Blank for, as he had not spoken to the person he wanted to nominate, which said further directions said Cogdell also took down in writing, and the next morning, which was yesterday morning, he finished the said Will according to Mr. Batchelor's directions as above mentioned, and Carried it to bim and read it, all of which be the said Mr. Batchelor approved off, but desired him to call again in the Evening, to fill up the blanks for the Executor, as he had not yet spoke to the person he wanted to ask, and then to have the Will Executed, Which the said Cogdell accordingly did, but finding him asleep, did not care to have him disturbed, but went the next morning again, which was this morning about ten or Eleven o'Clock, with the Said Will What is the Will hereto annexed, and which is the Will he drew from the said Mr. Edward BatcheHors own Instructions and read to said Batchellor which he approved off as his Last Will and Testament, and then desired him to fin up the blank for the Executor with the name of Doctor Thomas Haslcn as one of his Executors, which be did. And the said Batchellor was afterwards in the afternoon twice raised up in the bed to Sign it, but being taken with Such violent pains could not Set up Long Enough to do it, and about five o'Clock this afternoon died away, to all appearance in Sound Mind and perfect Sences, and further this deponant Sayeth not.
.................................................................................................................................................Rd. Cogdell.
Newbern, November 27, 1777
Sworn to Before me:
........................Joseph Leech, J. P.
Noeth Carolina, Crayen County. ss.
This day about Seven o'Clock after noon, also Personally Appeared before me, Joseph Leech, one of the Justices for said County, Mr, Michael Gorman, who being Sworn on the Holy Evangelists Declareth that he well knows that Richard Cogdell, Esqr., attended every day at Mr. Edward Batchellor's for several days before he died for the purpose of drawing his Will, and that he this Deponant, with Mr. John Flynn, were both called up between five and Six o'Clock this afternoon to Sir. Batchelor's room where he was Laying sick to be Evidences to his Signing his Will, and that the Said Batchelor was twice Lifted up in his bed to Sign it but was taken with Such violent pains he could not keep up Long Enough and died away before he could Sign it. Seemingly to him in Sound Mind and perfect Sences, and that the Will hereto annexed is the Same Will that Richard Cogdell. Esq., had in his hand which Mr. Batchelor was then going to Sign which they were called to Evidence and farther this deponant Sayeth not.
........................................................................................................................................MICHL. GORMAN
Newbern, November 27th, 1777.
Sworn to before me,
.........................Joseph Leech, J. F.
NORTH CAROLINA, CRAVEN COUNTY SS
This day also, about Seven o'Clock after noon. Personally appeared before me, Joseph Leech, one of the Justices for the Said County, Mr. John Flynn, "Who being Sworn on the Holy Evangelists Declareth, that on tuesday mom the twenty fifth Instant November, Mr. Edward Batchelor of Newbern, Merchant, since deceased, Sent him to Richard Cogdell, Esqr., for the purpose of desiring him to Come to draw his Will for him, which Mr. Cogdell did and hath been every day Since at Mr. Batchelors about the Same, and that this afternoon between five and Six o'Clock be and Mr. Michael Gorman were both called up to the room where Mr. Batchelor Lay Sick to be Evidences with Richard Cogdell Esqr to the said Will which Said Cogdell then held in his hand and which Mr. Batchelor was twice raised np to Sign, but was seized with such violent pains that he could set up to sign it. and then Soon after died away. Seemingly to him in his Sound Mind and perfect memory, and that the Will hereto annexed is the Will Mr. Cogdell then held in his hand which Mr. Batchelor was then going to Sign and further this Deponant Sayeth not.
..............................................................................................................................................John Flynn.
Newbern, November 27th, 1777.
Sworn to before me,
.........................Joseph Leech, J. P.
State of North Carolina, New Bern, 4th, December, 1777.
Personally appeared before me, Richd. Caswell, Esqr., Governor & Commander in Chief of the said State, Richard Cogdell, John Flynn and Michael Gorman, and being sworn upon the Holy evangelists, Severally declared that the foregoing affidavits by them respectively made before Joseph Leech, Esqr., and Certified by him and Signed by the said Richd. Cogdell, John Flynn and Michael Gorman, are true, that is to say, each of the said Witnesses declare that the affidavit signed by himself is true.
At the Same Time Doctor Thomas Haslen and Mrs. Frances Batchelor appeared and Qualified as Executor & Executrix to the said Last Will & Testament by takeing the Usual Oath before me. Of the premisses the Secretary is required to take Notice and issue Letters Testamentary Accordingly.
...........................................................................................................................................RD. Caswell.
Copied from Original Will filed in 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)
