Bertie County NcArchives Wills.....Duckinfield, Nathaniel 1756
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Nola Duffy nduffy@patch.net September 4, 2008, 7:12 pm

Source: Nc Wills & Inventories - Grimes
Written: 1756

              NATHANIEL DUCKINFIELD'S WILL.

IN THE NAME OF GOD AMEN. I, Nathaniel Duckinfield, of 
Utkinton, in the County of Chester, Esqr., being of sound mind 
and Memory, but in a Very infirm state of health, or rather 
an Almost Cessacion of health, waiting for a Comfortable 
Dismission from my Afflicted Painfull Body and from all the 
Sorrows, Troubles and Evils I have been Subject to in this 
Transitory, Vain Life; but that I may leave nothing undone 
that Ought to be done, that my Mind may free from all 
Earthly incumbrances, I do make, Publish and Declare this 
to be my Last Will and Testamt., in manner and form following:

Imprimis. I give, Devise and Bequeath all my Messuages, 
Lands, Tenements, Hereditaments and Premises, with their 
and every of their Appurtenances that I am Now Seized or 
Possessed of, Scituate, Lying and being in the County of Ches-
ter, unto my Dear Wife, Margaret Dukinfield. To hold to her 
and to the Heirs of her Body by me Begotten, that is to say, 
my Will is, That my Dear Wife, Margaret, shall posssess, enjoy, 
Receive and take the Rents, issues and Profits of all the said 
Messauges, Lands and Tenements for and During the term of 
her Natural Life, if she shall so long Continue my Widow,
unmarried, and if it shall so happen that she should have no 
Child living by me Begotten, and she Continues my Widow 
During the Term of her Natural Life, then my Will is, and I 
do hereby give to my said Dear Wife, Margaret full Power to 
make a Will and to Devise, Bequeath and to give by Virtue of 
such Will, the full sume of Three Hundred Pounds, Sterling 
Money of Great Britain, to Such of her own Relation or Rela-
tions nearest in Blood as she may think fit, or that she may 
think most Deserving of her Favours, the said Sume to be 
Raised out of the Rents, Issues and Profits Arising from my 
Messuages, Lands and Tenements aforesaid; but if my Dear 
Wife, Margaret, shall marry again, I then give and Devise 
all my Messuages, Lands, Tenements, Hereditaments and 
Premises with their Appurtenances in the County of Chester 
aforesaid, unto my Brother, John Chorley, and my Nephew, 
Samuel Duckinfield, Son of the Late John Duckinfield, of 
Bristol, Esqr., and their Heirs to hold to them and their Heirs 
upon the Several Trusts hereinafter Mentioned, that is to say, 
upon trust from from and after such Marriage, and not Other-
wise, to Pay her one third only of the said Rents, issues and 
Profits Arising from my said Messuages, Lands and Tenements 
for and During the term of her Natural Life, and to Apply the 
Remain in two thirds of the said Rents, issues and Profits, 
or so much thereof as my said Trustees in their Discretion shall 
think Reasonable, for the Maintenance and Education of such 
of my Children or Child by my said Wife as shall be Living 
at such Marriage; and if there shall be Any such Children or 
Child Living at her Death, then upon Trust my said Trustees 
shall Apply the Whole rents Issues and Profits of the said 
Premises, or so much Thereof as they shall think Reasonable, 
for the Maintenance and Education of Such Children or Child 
untill the Eldest of such Children or only Child shall attain his 
or her age of Twenty One Years, and from and after his of 
her Attaining such Age, Upon Trust, that my said Trustees 
and their Heirs shall as soon as conveniently may be, make a 
Proper Division of Equal Proportion and of Equal Value of the 
said Premises, According to the Number of Such Children then 
Living, the Whole in Equal Share and Parts, to be Divided and 
Given to them. The Necessary Expenses and Charges the 
said Trustees may be at in Making such Division to be first 
Paid to them; but if there should Happen to be but one such 
Child, then my Will is that my said Trustees shall Convey the 
said Premises unto such Only Child on his or her attaining such 
Age as Aforesaid and his or her heirs or Assigns for Ever; but 
if there should be no such Child or Children living, by me 
Begotton on the Body of my said Wife and she shall Marry 
again, I Will that my said Trustees shall Receive and Take two 
Thirds of the said Rents, issues and Profits of the same Premises
unto them, the said John Chorley and Samuel Duckinfield, 
Equally Between them, and Pay the remaining one third unto 
my said Wife for and During the term of her Natural Life, and 
from and after her Decease, I give & Devise my said Messauges 
Lands and Tenements unto my Nephew, John Chorley, Son 
of my Sister, Jane Chorley, to him and to his Heirs Lawfully 
Begotten, he Paying to my said Nephew, Samuel Dukinfield, 
one third only of the rents, issues and Profits of the said Prem-
ises, untill such time that my said Nephew, Samuel Dukinfield, 
should Obtain such a Support by his Profession in the Law 
as may rais him Above the Misfortune of Necessity, or should 
Come into Possession of the Hereditary Title and Estate 
Successive in the Duckinfield Family, or by any other Means 
should Obtain the Comfortable supports of Life, And no longer.

I give and Devise unto my Worthy Friend, Mr. Joseph 
Collett, all my Plantations, Negroes and Estate of What kind 
or Nature soever, Scituate in North Carolina, in america, upon 
trust; that is to say, my Will and Desire is that the said, Mr. 
Collett would not Refuse taking upon him this Last Request 
from me, that as Soon as Conveniently, he Would sell and Dis-
pose of the said Estate, both real & Personal, to such Person and 
Persons at and for such rate or Price as he Can Best Obtain, and 
do and shall Apply the Purchase Money to Arise from such sale 
thereof, as I by any Writing Signed and Sealed by me in the 
Presence of one or More Credible Witnesses, shall Direct or 
Appoint.

I Give and Devise to my said Dare Wife, Margaret, all my 
Leasehold Estate in Ludgate Street, London, and also all the 
rest and Residue of my Personal Estate Whatsoever and 
Wheresoever.

Finally, I Constitute and Appoint my said Dear Wife, as 
long as she Continues my widow, Unmarried, my Executrix, 
but in case of Marriage, I Constitute & Appoint my Brother, 
John Chorley, and my Nephew, Samuel Dukinfield afsd., 
my Executors of this my Will; and I do hereby enjoyn them 
to be as assistant and as Servissable to her as they Possibly 
can, to Act and to do upon her Request, with as much Sin-
cerety, faithfulness and Chearfulness in all things in the best 
and most Comfortable manner for her Well being in Life, as 
if I had Particularly Nominated them to be joint Executors 
with her During her Continuance my Widow unmarried.

I Constitute and Appoint my Dear Friend, Mr. Joseph 
Collet, my Executor of all my Affairs in North Carolina, to Act 
and to do, Dispose and Sell every Part and Parcel thereof in 
the Best Manner he Can; and this trust I know he is best 
Qualified for.

But if my Brother, John Chorley and my Nephew, Samuel 
Dukinfield, should not Behave with that Relative Affection and
Regard that is sutable and Due to her as being my Wife, or 
should refuse to Act for her in the best Manner they can, or 
Jointly With her whenever She either Desires or Requiers such 
Assistance, then in this case, I Will, impower & Authorize my 
sd. Dear Wife, Margaret, to make her Will and to Devise and 
Give every of the Premises aforesaid unto such of my Relations, 
Nearest in Blood, that shall Behave with a Much Superior 
Degree of Sincere Affection and Respect Suitable to the Near 
Relation she stands in to them by being my Wife, than they 
have really shewen to her in my life time; but if such Respect 
and Esteem be not fully Given to her, then my Will is that my 
said Dear Wife, shall Devise, Bequeath and Give by her Will 
all the sd. Premises, to any of her Own Relations, nearest in 
Blood, that my best deserve such favour from her, Provided, 
she Continues my Widow Unmarried, During her Natural 
Life. I know no Reason to Subject a Good & Dear Wife to 
the Insults and Precarious Humours of Relations.

I Will that my Dear Wife shall Bury me in the same Grave 
where my Dear family lies, in Bun hill burying Burying Ground, 
London, without the least Pomp or Show, Which to me is a 
Strange Absurd Vanity, to Tarry Death Victories over Mortals 
in Triumph to the Grave; my Desire is to be Buried With as 
much Privacy as Consists With Decency, and when Pleas God, 
my Dear Wife Departs this Life, it is my Desire that she should 
be Buried in my Grave.

If any one should Pretend to Dispute this, my Last Will 
and Testament, in order to Give Uneasy Disturbances to my 
Dear Wife, in my real intention of preventing such a Vise 
Wicked Practice after my Death, I require and Charge my 
Executors aforenamed if they Continue faithfull Assistance to 
my Dear wife, and if otherwise, I desire my friend, Mr. Joseph 
Collet, Will lay this my Last Will and Testmt. Before the Right 
Honourable Lord High Chancellor, Who will Determine it 
agreeable to my sincere intention which is the Plenory Cumfort 
and Welfare of my Dear Wife, and that she may possess all 
that I have given her Without the least molestation. I have 
not studied Law Phrases but have Used Words without guile, 
Suitable to the Simplicity and integrity of my Own mind and 
With Intire Approbation of my own Reason and Consideration 
of things.

I revoke and make Void all former Wills by me made, and I 
hereunto set my hand and Seal to Each side of this Paper 
wherein this my last Will is Contained. Written with my Own 
hand this fourth Day of July, in the Twentieth Year of our Most 
Rightfull Lord Sovereign, George the Second, King of Great 
Britain, France and Ireland &c. and Glorious Defender of the 
faith and the Libertys of Europe, Annoq. Dom., 1746.

                                       N. DUKINFIELD.

Signed, Sealed, Published and 
Declared by the said Nathaniel 
Dukinfield, the Testator, and for 
his last Will and Testament in 
the Presence of us Who Sub-
scribed our Names as Witnesses 
hereto in the Presence of the 
Testator:
      WILLIAM PRIOR 
      JOSEPH COLLET. 
      DOROTHY POTTS.

Thomas, by Divine Providence Archbishop of Canterbury, Primate of 
all England and Metropolitan, do by these Presents make known to all 
men, that the tenth Day of May, in the Year of our Lord, One Thousand, 
Seven Hundred and fifty, at London, before the Worshipfull Robert 
Chapman, Doctor of Laws Surrogate to the Right Worshipfull John Bettes-
worth, Doctor of Laws, Master keeper or Commissary of our Prerogative 
Court of Canterbury, Lawfully Constituted the Last Will and Testament 
of Nathaniel Dukinfield, Late of the Parish of St. George, in the County 
of Middlesex, Esqr., Deceased, hereunto Annexed, was Proved, approved 
and Registred. The said Deceased, having Whilst living and at the 
time of his Death, Goods, Chattles or Credits in Divers Dioceses or Juris-
dictions, by Reason Whereof The Proving and Registering of the said Will 
and Granting Administration of all and Singular the said Goods, Chattles 
and Credits, and Also the Auditing, allowing and final Discharging the 
Accompt thereof, are Well known to Appertain Only and Wholy to us and 
not to any inferior Judge; and that Administration of all and Singular, 
the Goods, Chattles and Credits of the said Decd. and any way Com-
mencing his Will was granted to Margaret Dukinfield, Widow, the Relict 
of the said Deceased, and Sole Executrix Named in the said Will, being 
first Sworn well and faithfully to Administer the Same and to make a 
true and Perfect inventory of all and Singular the said Goods, Chattles 
and Credits, and to Exhibit the same into the Regestry of our said Court 
on or before the Last Day of November, Next Ensuing; and Also to Render 
a just and True Accompt. thereof.

Given at the time and Place aforesaid and in the third year of our Trans-
lation.
                                           WM. LEGARD 
(The Seal of London)                       PET: J. ELOY 
                                           HEN: STEPHENS
                                              Deputy Register.

To ALL TO WHOM THESE PRESENTS SHALL COME: I, Joseph Collett, of 
London, Merchant, send Greeting:

Whereas, Nathaniel Duckinfield, late of Utkinton, in the County of 
Chester, Esqr., decd., did in his Life time, Duly make and Publish his last 
Will and Testament in Writing, bearing Date, the fourth day of July, 
One Thousand, Seven Hundred and forty Six, and thereof Constituted and 
appointed his Wife, Margaret Dukinfield, as long as she continues his 
Widow Unmarried, His Executrix. But in Case of Marriage, the said 
Testator Constituted and Appointed his Brother, John Chorley, and his 
Nephew, Samuel Duckinfield, Executors of his said Will; and the said 
Testator did also by his said Will Constitute and Appoint me, the said 
Joseph Collett, To be his Particular Executor of all his Affairs in North 
Carolina, To Act and to do, Dispose and Sell every Part & Purcell thereof,
Which said Will has been Duly proved by the said Margaret, the sole 
General Executrix thereof in the Prerogative Court of the ArchBishop 
of Canterbury as by the said Will and the Probate thereof, Relation being 
thereunto Had, may more fully and at large appear.

Now, Know ye, that I, the said Joseph Collett for Divers Good Causes 
and Considerations me hereunto especially moving, do hereby Refuse to 
take upon me the Executorship for the Affairs of Nathaniel Duckinfield, 
the Testator, in North Carolina, or Elsewhere, or to intermedle in Any 
Manner therewith; And do Absolutely Renounce the Probate of the said 
Will and that this my Refusal and Renunciation may have its due Effect, 
I do hereby Name, Constitute and Appoint the said Margaret Dukinfield, 
the Widow and Relict of the said Nathaniel Dukinfield, to be my Pro-
curator and Attorney for me and in my Name to Appear before the 
Governor of North Carolina aforesaid, or any other Competent Judge in 
that behalf, to Exhibit this my renunciation and to do whatever Elce 
shall be requisite or Necessary to be done in and About the Premises 
for the Purposes Aforesaid; and I do hereby Promise and agree to ratify 
and hold for firm and irevocable, all and Whatsoever my said Procuratrix 
or Attorney shall Lawfully do, or cause to be Done, in and about the 
Premises, by Virtue of these Presents.

In Witness whereof, I, the said Joseph Collett, have hereunto set my 
hand and Seal, this 29th. day of July, 1755, and in the 29th. Year of the 
Reign of George the Second, King of Great Britain and soforth.

                                            JOSEPH COLLETT (Seal)

Sealed and Deliverd, being first Duely
stamped, in the Presence of us: 
     SAMUEL DUKINFIELD. 
     BENJAMIN ROSEWILL.

NORTH CAROLINA, BERTIE COUNTY, SS. January Court, 1756. Present 

     His Majestys Justices:

Mrs. Margaret Dukinfield, Widow of Nathaniel Duckinfield, Esqr., 
Late of the Kingdom of Great Britain, Deceased, appeared in Court and 
Produced duly proved and Certified under the corporation Seal of the 
City of London, A renunciation and Refusal of Joseph Collett, of London, 
Merchant, to Act as Executor of the Last Will and Testament of the said 
Nathaniel Duckinfield, in which Office by the said Testator as to that Part 
of his Estate which is in this Province, and also Produced a Copy of the 
Will of the said Testator duly proved and Certified in the Prerogative 
court of the Arch bishop of Canterbury, which Renunciation and Will 
are Ordered to be Recorded.

The said Margaret Dukinfield then Moved the Court to Letters of 
Administration on the Estate of the said Nathaniel Dukinfield, with the 
Copy of his Will Annexed, which is Granted on her Giving Security in 
the Sum of One Thousand Pounds, Proclamation Money, and Ordered 
that Letters Accordingly Issue.

Whereupon, Samuel Ormes, Esqr., and David Ryan, Gent., offered 
themselves as Security for the said Administration and Were Approved 
of by the Court, Which was Ordered to be Certifyed.
                                         Test. BENJN. WYNNS. Cler. Cur.

Recorded in Will Book 7, page 144, Office of Secretary of State.


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