Wills and Probate
Itam. I Order that all my Just Debts & Funeral Expenses be first PayM out of my Estate That Almighty God hath Now Blist me with, And the rest of my woreldey Substance I leve and Bequeath In the following Manner, Viz:
Itam. I Leave & Bequeath to my Beloved Wife, Hannah, The one third part of all my Moveable Estate after my Lawful Debts & funeral Expences is pay’d, together with the Houses & plantation where I now live to Such times as My Son, Archibald Carr, comes to ye age of Twenty one years, and then the Sd Houses & Plantation to be his for Ever. But In falure of him to ye Nixt Heir In Law & so on And the rest of my Goods & Chattles, after my Just Debts and Funeral Expences is pay’d, and the one Third of ye rest of ym. taken off to my Wife, as afsd., then ye remainder I leave & Bequeath to be Divided Equaly In it's lane Amongs my other Children, Viz: Archibald Carr, Jane Carr, & ye one that is yet unborn if it Should pleas God that it comes to lie woreld: and In case that any of ye children. Should Die before that they arive to age; I order that the part of the Deceased shall be Equally Devided Amongst the rest of the Surviving Children.
To Which Last Will & Testament, I Do hereunto set my Hand and fix my Seal, this fifth Day of December, In the year of our Lord, One thousand, Seven Hundred and fifty Three;
William Carr. (Seal)
North Carolina, Duplin County, ss.
The Above Certified by me, October ye 9th, 1754,
Copied from the Original Will, filed in the Office of the Secretary of State.
First, I reserve for the use of a burying ground for all those of my family and Connections who may choose to bury their Relations and friends there, one half acre of Land where the Bones of my dear father and Mother lie, at a place called the Hill, to be laid out East, West, North, and South so as to leave those Bones near the centre of the said half Acre of Ground, and I also reserve in like manner, one half Acre of Land where the Bones of beloved wife (and) and son, William, now lie near the red house, to be laid out in the same manner and for the same purpose as the above half Acre is directed; and these two half Acres to be reserved for the uses afores'd for ever. And its likewise my Will that those who wish to bury their Dead at either of the said places and coming with in the meaning of the description above, shall always have liberty of Egress, Ingress and regress to, at and from the said respective burying grounds to bury the dead or repair or raise an enclosure to the fame.
Secondly, To prevent any kind of Dispute which might arise between my Brother, Martin Caswell, or his heirs or Assigns with those claiminge under me, I declare all the Land comprised within his Title from Samuel Caswell or the Title to Samuel Caswell or Nathaniel Bird, I have no claim to, notwithstanding my patent may be of a Younger date, than the Deed I granted to Nathaniel Bird for the same.
Thirdly, Whereas, my Brother, Samuel Caswell, in his life time and myself, agreed for two hundred acres of Land whereon he Eved, immediately before his death, which was to begin at Mackflwean's (corner) comer nest the river, near Mrs. Sinners dwelling and run up Mackflweans to Dosiers out corner, then with his line to the flat branch near the end of Mr. Coasts feud, then with the side of the said Flat and high Land, down to where a small branch empties into the said Flat branch, which runs through Keilings old field, then a direct line to the mouth of the Cypress Gut, then down the river a small distance to Boxes corner, then with his line out to my corner, and then to the Beginning, which included part of Dosiers, Keilings, Boxes and my own former claims, for three hundred pounds and notwithstanding a very small part of that Sum was paid me in my said Brothers life time, and knowing it would very much distress his family was I to require the remainder, therefore, I leave the use of the Land aforesaid with the plantations and appurtenances to my Sister, Eleanor Caswell, the widow of said Brother, untill her son, Shine Caswell, arrives to the age of twenty one Years, at which period I give and devise the same to him, the said Shine Caswell, his heirs and Assigns for ever.
Fourthly, I give to my Grandson, Richard William Caswell, a negro boy named Boson, and his assigns for ever.
Fifthly, I give to my Grandson, Richard Francis Mackilwean, a Negro boy named Daniel, and to his Assigns forever.
Sixthly, If Jonathan Morris chooses to take the Land whereon old Jack lives, which I bought at the vendue of Richard Caswell, Junrs: estate at the price I gave for it, I desire that the Title may be made to him for the same.
Seventhly, Whereas, I purchased at the Vendue of the Estate of my Son, Richard Caswell, one Lot and half a Lot of Land in Kinston, with the house wherein Mrs. Caswell now lives, and the appurtenances, one Negro Woman named Sarah, one Negro girl named Sail, one Negro boy named Charles, and one Negro boy named Jim, which Lot and Half and premisses, V with the said Negroes, 1 leave the use of to my Daughter in Law, Mary Caswell, untill my Neice, Sarah Caswell, her duaghter, arrives to the age of eighteen Years, if my said Daughter should so long live, and at that period or at the time of my said Daughters Death, if it should happen before my said grand Daughter arrives to the age aforesaid, I give, devise and bequeath the said Lot, half Lot, and premises with the said Negroes, to my said Grand Daughter, her heirs and Assigns forever, to be delivered over to her free of any charges or incumbrances on account of the maintenance and support of my said Grand Daughter. And as it is uncertain into whose hands she may fall, or it may so happen that she may fall into distress unless provided for by me, I therefore desire the Executors of this will in such case to find her reasonable and decent support, in cloathing and board, and attend to her Schooling and Education, which they shall thenselves pay to those who may be intitled to receive the expences of the same, without its going through other hands, and shall be a charge against my Estate, which Support in the case aforesaid, I direct shall be made and continued to her untill she arrives at the age of eighteen years or marries.
Eighthly, And, as I have heretofore virtally given to my Daughter, Anna Fonvielle, the land I hold on the East side of the Atkin branch from the road down to the river and down the same to the mouth of the Cypress gut, bounded by the lines, from thence, of the Land herein given to Shine Caswell, and John Coasts lines and my own lines to the road, and then with the road to the Beginning, including all the Land I claim adjoining the atkin and Neuse, below the road, is what is called the walnut Hill and contains about three hundred acres. I have also verbally given to my said daughter, Anne, Negroes, Peter and his wife Barbara, and Doll these verbal gifts I now confirm to the said Anna Fonveille, her heirs and Assigns for ever.
Ninthly, Whereas, I am engaged to pay very considerable Sums of Money on Account of purchases made of my dear son, Richard's estate, and as the articles then purchased will by no means bring a sum sufficient, and as I cannot now discrimintate what of my property may be best to dispose of, to raise money sufficient to pay all my debts, I hereby direct the Executors hereof or such of them as may be acting at the time it may become necessary to dispose of such part of my real or personal estate, as he or they Judge necessary and on such terms, tho I think twelve months credit will be best, may appear most for the advantage of my Estate and I hereby empower such Executor or Executors to make Legal and authentic conveyances to the purchasers for the same. Tenthly, After my Debts are paid and the expences of my household, and Schooling of my children, with every other incidental charge so as a fair and just inventory of the remainder of my estate can be made, of both real and personal property, I require my Executors or acting Executor to return such inventory with his or their Account of the whole transactions relative to my estate, to my friends, Spyers Singleton, Robert White, John Herritage, Jesse Cobb, Francis Childs, Simon Bright, Joshua Croom, Benjamin Caswell and John Coart, or the majority of them or of the Survivors of them, and I request such majority, will arange the personal estate into five equal divisions or parts as near as may be, of which parts, I give my wife, Sarah Caswell, one, which I request she may be allowed to choose, at the same time I request such majority of my friends may set apart for my said wife, in lieu of her dower of my Lands, as she may choose to live on, and such part I leave her the use of during her Natural life; the other four remining parts of my personal property, I request may be drawn for by my three sons, Winston, Dollam, and John, and my daughter, Susannah, and such part as they shall respectively draw I give to the drawer of the same forever. The remainder of my real Estate, I give in like manner, and recommend an appraisment to be made by my friends or a majority of them, or the Survivors of them, so as to assertain the value, and then to put them in four Lots as nearly equal as may be, those Lots to be drawn by my aforesaid four children, Winston, Dallam, John and Susannah, and such lot I give to the respective drawers, his or her heirs and Assigns forever.
Lastly, I nominate and appoint my said Sons, Winston, Dallam, and John Caswell, Executors of this my Last Will and Testament, that is to say, Winston to act alone untill Dallam arrives at twenty one Years of age, then those two to Act untill John arrives to the age of Twenty one years, after which the whole to act as Executors 'till the business is compleat, and I appoint my good friend James Glasgow, in trust to advise and direct the due Execution hereof, which I beg he will attend to.
In Testimoney of the premises, I have hereunto Set my hand and Seal, the day and year first herein written, contained on five sides.
R. Caswell, (Seal).
A Codicil to the foregoing last will and Testament of Richard Caswell, made and executed the same day of the will and is to be considered as a part of the same, that is to say, I give to my son, Winston Caswell, Negroes Venus and Diamond, and to his Assigns for ever, to be appraised in like manner and by the persons named in my will, and the Value deducted from his one fourth part, with my Sons, Dallam and John, and Daughter, Susannah.
It is further my Will, that in case of the death of any of my now living children, to wit, Winston, Anne, Dallam, John and Susannah, before marriage, arriving at lawful age or legally disposing of any of the property, herein given, then, that such property shall go to my surviving children and their beers and Assigns, to hold for ever.
Witness my hand and seal which is affixed to the string that binds these two sheets together.
State of North Carolina, Dobbs County. January Court, 1790.
State of North Carolina, Lenoir County.
Copy of Original Will, filed in the Office of the Secretary of State.
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