Beaufort County, NC - JOHN PEYTON PORTER'S WILL, 1754 File submitted for use in the USGenWeb Archives by Linda Lewis. ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Item, I will & bequeath unto my well beloved Wife, Eliza- beth 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 With 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, & her 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 to same forever. Item, I Will and bequeath to my eldest Daughter, Mary Porter, the other half of mv Plantation aforesd, on the East side of Durhams Creek, Commonly called the Garrison, &, to her Lawful issue forever; & on failure thereof, to my Daughter, Sarah Porter, & her Lawful Issue, & on failure thereof to my sister, Sarah Richardson & her Lawfull Issue for ever. Item, I Will and Bequeath to my Daughter, Sarah Porter, (all my plantation on the East side of Durhams Creek, commonly Creek, Hardings Plantation, be the same more or Ices, and now adjoyning my Plantation called the Garrison), and to her Lawfull Issue forever; & on failure thereof, to my Daughter, Mary Porter, & her Lawful Issue; and on failure thereof to my sister, Sarah Rich-ardson and her heirs forever. Item, I Will and bequeath, that my tract of land beginning at Snoads line, from thence to the Savanna, from thence to the Horse-penn Swamp, & from thence to the Dismall; be the same more or lees, with all and singuler it's Rights, Members and Privileges, and Appurtenances to be occupied in manner and in form following; Viz., They are to keep my Negroes, or a suff't Number of them, on said Tract to make Tar, Turpne; &c, in order to raise money to pay my funer'l charges and all other Lawfull demands, that may come ag'st my said Exrs., or agst. the Legatees 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, Sarah Richardson & her Lawfull Issue forever. Item, I Will and Bequeat that all my Negroes or a suff't number of them, togeather with my horses, oxen, cows, calves & sheep, be kept und the care of my Extrs. untill such time as my aforsd. Debts & Funer'l charges be fuly discharged & satisfied. & Likeways, it is My Will & Pleasure that all my hoggs, household furniture, & other personall Estate, be sold at Publick Vendue, by my said Exrs., in order to discharge the charges & lawfull debts aforsd; & my will and pleasure is, that when those funerl charges, & lawfull debts are fully & justly satisfied & 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 remaining third part to my younger daughter Sarah Porter, & her lawful heirs forever, Item, 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 and 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 Tripp. Charles Lowther. Beaufort County SS At a 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 time; and Eliz 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. Original Will filed in the Office of the Secretary of State