Bath County NcArchives Wills.....Ashe, John Baptista November 2, 1731 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nola Duffy nduffy@patch.net August 22, 2008, 11:24 pm Source: Grimes North Carolina Wills Written: November 2, 1731 JOHN BAPTISTA ASHE'S WILL. NORTH CAROLINA, SC. IN THE NAME OF GOD, AMEN. I, John Baptista Ashe, of Bath County, in the Province of North Carolina, Gent., being thro the mercy of Almighty God, of Sound Mind and Memory, Do make, appoint, Declare and ordain this and this only to be my last will and Testament, revoking and making void all former Wills by me heretofore made. The Lord have Mercy on my Soul for Christs Sake. Imprimis. I will that all my Just and lawful]. Debts be duely paid by My Executors hereafter named; particularly that one hundred pounds, North Carolina Money, or the Value thereof be remitted paid to the heirs, Exors. or Admins. of James Nolan, of Boston, Mariner, deceased; the Sum of Sixty pounds of thereabouts having laid in my hands for some years, the Widow who claimed not Complying with the Statute (in that Case provided) for giving Security to Admtors: but I now direct that if they cannot Comply Strictly with the Law, Yet rather than faile, their own bonds to whom the money is payable, May be taken when the money is paid, to indemnify my Estate against any Creditors which may claim in this Province. Also, I will that there be paid as of Debt, to Daniel Hendrick, of South Carolina, Shoemaker, his Exors. or assigns, the Sum of fourty pounds, Current money of this Province. Furthermore, I will that there be paid to the Exce. or heirs of Robert Gamsby, of Boston, Mariner, deceased, if such be to be found, the sum of fourty pounds, Current money of this province. Item. I give, bequeath and devise (after payment of debts & legacies) to my three Children, John, Samuel, and Mary, all my personal Estate, to be Equally Devided amoungst them. Item. I give, devise, and bequeath unto my Son, Samuel, and unto my daughter, Mary, my Lands up the north west branch of Cape Fair River, called Ashwood, which are scituate lying and being on the South side of the Said River between the lands of John Porter, of Virginia, Mercht., and the Plantation whereon Daniel Donaho, lately deceased, dwelt, Together with my other Lands on the north Side of the River directly opposite to those aforementioned, to be equally divided betwixt them, the Said Samuel and Mary, to them, their heirs and assigns forever. Item. I give, devise, and bequeath unto my Son, Samuel, a tract of land containing six hundred and fourty Acres lying on Stumpy Sound, called Turkey Point; also one other tract Containing one thousand Acres, called Stump Island or New River Banks, to him, his heirs or assigns for ever. Item. I give, devise, and bequeath unto my Son, Samuel, four hundred Acres of Land lying above William Lewis's plantation on the Main Branch of Old Towne Creek, to him, his heirs and assigns forever: unless John Russell shall personally come and demand of My Exors. a Bill of Sale for the last mentioned four hundred acres of Land, and Shall pay the ballance of Accounts betwixt us, amounting be about fourty pounds money of South Carolina, Then my Exors. are hereby directed and empowered to Convey the said four hundred Acres of land to the said John Russell, to him, his heirs and Assigns for ever Item. It is my will that my Sons have their Estates delivered to them as they severally arrive to the age of twenty and one years, and that my daughter have her Estate at the day of Marriage, or age of Twenty and one Years, which shall first happen. Item. I will that my Slaves be kept to work on my lands, and that my Estate may be managed to the best advantage, so as my Sons may have as liberal an Education as the profits thereof will afford; and in their Education I pray my Exers. to observe this method: Let them be taught to read and write, and be introduced into the practical part of Arithmetick, not too hastily hurrying them to Latin or Grammar, but after they are pretty well versed in these let them be taught Latin & Greek. I propose this may be done in Virginia; After which let them learn French, perhaps Some French man at Santee wile undertake this; when they are arrived to years of discretion Let them Study the Mathematicks. To my Sons when they arrive at age I recommend the pursuit & Study of Some profession or business {I could wish one to ye Law, the other to Merchandize), in which Let them follow their own inclinations. Item. I will that my daughter be taught to write and read & some femanine accomplishments which may render her agreable; And that she be not kept ignorant as to what appertains to a good house wife in the management of household affairs. Item. I give to each of my Exors. a Gold Ring as a token of the respect which In my life I bore them. Item. I will that a Brick Vault may be built at Groveley, and my Dear Wifes body taken up out of the Earth & brought and laid therein; and if it should be my fortune to die in Carolina so as my Corpse may be Conveyed thither, I desire that one large Coffin may be made, and both our body's laid together therein and lodged in the said Vault. Item. I give, devise and bequeath unto my honoured friend, Edward Mosley, Esqr., the one half or moiety of my Lands, lying near Rock Fish Creek, on the North West branch of Cape fair River, being twenty five hundred and Sixty Acres, to be equally divided between him and my heir, to him, his heirs & Assigns forever. Item. I give, devise and bequeath unto my Loving Brother, John Swann, Six hundred and fourty Acres of land lying on the North East Branch of Cape Fair River, which he bought of, and of which I have not as yet made him any Conveyance, it being land adjoining below that whereon my Brother, Samuel Swann, dwells, to him the sd. John Swann, his heirs & assigns forever. Lastly, I nominate, Constitute and appoint my honour'd friends, Edward Moseley & Nathaniel Rice, Esqrs., my good friend Mr. Roger Moore, my loving Brothers, Samuel Swann and John Swann, my good friends, Messers. William Downing and Edward Smith, to be Executors of this my last will, Testament, hereby desiring & praying them to see the same duly Executed. In witness whereof, I have hereunto set my hand & Seal, this second day of November, Anno Dom., 1731. JNO. BAPTA. ASHE. (Seal) Signed, Sealed and Published in the Presence of us: her MEHITTOBDE X RUTTER mark JOHN HAWKINS CORNELIUS DARGAN MICH. RUTTER. NO. CAROLINA, SS. I do hereby make a Codicil to be annexed to this my last will and Testament, and do hereby appoint my Loving friend, Job Hows and Thomas Jones, Executors to my last will and Testament, and this codicil thereunto annext, together with the several persons before named in my said last will and Testa ment as my Exors. And whereas their is a certain Saw Mill in Building between Mr. Mathew Rowan and my Self, It is my will that my part of the Said Mill together with my part of the lands of belonging be sold by my said Exors. for the use of my three children and the money arising by the Sale thereof to be Equally divided amongst them. In testimony whereof, I have hereunto Set my hand and seal this Sixteenth Day of October, 1734. JNO. BAPTA. ASHE. (Seal) Signed & Sealed In the Presence of, and annext: JAMES INNES, JOSEPH WALTERS, ED'D SMITH. NORTH CAROLINA. Before his Excelly., Gabriel Johnston, Esq., Captain General, Governor in Chief of the Province of North Carolina, and Ordinary of the Same. Personally came before me Michael Rutter, one of the Witnesses to the within Instrument, being the last Will and. Testament of John Baptista Ashe, Esq., who being duely sworn on the Holy Evangelists, declared that he was present and saw the said John Baptista Ashe, Esq., Sign, Seal, publish and declare the same to be his last will; and that he was at the same time of sound and disposing mind and memory and understanding, to the best of this deponents knowledge; and that he saw John Hawkins, Cornelius Dargan & Mihitobade Rutter, three other signing witnesses, present at the execution of the said Instrument and sign their names or mark thereunto. Likewise, Personally appeared James Buis, Esq., one of the witnesses to the Codicil annexed to the said Instrument or Last Will and Testament Afforsd, who being duely sworn on the holy Evangelists, saith, that he saw the Said John Baptista Ashe, Esq., duely execute and publish the said Codicil as the codicil of his last Will and Testament, and that he was at the same time of sound mind and memory to the best of this deponents knowledge, and that he saw Joseph Waters and Edward Smith, the two other signing Witnesses present at the Execution of Given under my hand at Brunswick, the 15th day of November, Anno Dom., 1734. GAB. JOHNSTON. November ye 30th, 1734. Personally appeared before me Edward Moseley, Roger Moore, Samuel & John Swann, Esqrs., & took ye oath appointed by law to be taken by Executors. W. SMITH, C. J. Copied from Original Will, filed in the office of the Secretary of State. 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