Bertie County, NC - Wills - Contested will of William Pearce 22 Oct 1774 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. File contributed for use in USGenWeb Archives by: Pauline Pierce pollyp@e-tex.com ===================================================================== Will of WILLIAM PEARCE of Bertie Co., N.C. In the name of God Amen, I WILLIAM PEARCE of the County of Bertie being sick and weak but in perfect mind and memory thanks be given to God for it Calling to mind the Mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my Last Will and Testament. That is to say prinsable and first of all I give and recommend my soul into the hands of Almighty God that it and my body I recommend to the Earth to be buried in Decent Cristan Manner at the Discreation of my executors Nothing Doubting but at the Genral Resurrection I shall receive the same again by the mighty power of God. And as ________? such Wordly Estate where with it has pleased god to bless me in this life. I give Devise and Dispose of the same in the following manner and form--------- First I lend to REBECCA my Dearly beloved wife the _________? manner plantation where on I now live with all _______? thereto belonging with all my Estate without and within D______? for Dureing of her Natural life. After the death of my wife I give to my loving son JEREMIAH PEARCE my Manner plantation and all my land thereto belonging containing by extamation Seventy Acres of land be the same more or less to him and his heirs Executors Administrators or asigns for ever the JEREMIAH PEARCE is to pay to his Brother THOMAS PEARCE the sum of twenty eight pounds __________? to be paid in Country produce at the end of one year after the death of their Mother and Father. I give to my loving son WILLIAM PEARCE five shillings sterling and I likewise give to my loving daughter CONSTANT LAWWED the sum of five shillings sterling and WINAFRED BUTLAR five shillings starling and the rest of my estate is to be Equactly Divided, REBECCA JOHNSTON and SARAH DESSEN (DAFFEN??) at the Descression of my Executors and I do appoint and Ordain JOHN WATSON, SERN. and JOHN WATSON, JUNR. to be my Executors to this my last Will and Testament and I do hereby utterly Disalow, Revoke and Disanulla all and every other former Testament Wills Legacees Bequeaves by me in any wise before made Confirming this and no other to be my last Will and Testament. In Witness whear of I have hear unto set my hand and seal this twenty second day of October in the year of our Lord one thousand seven hundred and seventy four------------- Signed Sealed Published Pronounced and declared by the said WILLIAM PEARCE as his last Will and Testament In the presence of us. JAMES LEGGITT JUR. WILLIAM WATSON JUR. his SARAH SMITH WILLIAM P PIERRCE mark ************************************************************************ Bertie Co., North Carolina Loose Records in N. C. State Archives To the Worshipfull Justices of the County Court of Pleas and Quarter sessions of Bertie County the petition of BURWELL JOHNSTON and REBECCA his wife, JOHN BUTLER and WYNIFRED his wife, CONSTANT LOYD, Widow and Relict of JOSEPH LOYD deceased and SARAH HODSON Widow and Relict of SHADRACK HODGSON deceased. Humbley complaining sheweth that your petitioner to wit REBECCAH the wife of BURWELL JOHNSTON, WYNIFRED the wife of JOHN BUTLER, CONSTANT LOYD the widow and relict of JOSEPH LOYD and SARAH HODGSON the Widow and Relict of SHADRACK HODGSON, were the daughters of one WILLIAM PIERCE deceased, that the said WILLIAM PIERCE was in his lifetime siezed and possessed in his own right of a very considerable personal as well as real estate consisting of stock of hogs, cattle, horses, sheep, plantation called the manor plantation, utensils and household furniture and one plantation. That the said WILLIAM PIERCE on or about ____ Day of ____ ______ in the year of our Lord Made his last will and testament in writning and among other bequest gave and bequeathed as follows to wit: I lend to REBECCA my dearly beloved wife the manner plantation whereon I now live with the privilege thereto belonging with all my estate without and within doors for and during her natural life. After the death of my wife I give and bequeath to my loving son JEREMIAH PIERCE my plantation and all my land therto belonging with, containing by estimation seventy acres of land be he same more or less to him his heirs, exectutors, administrators or assigns forever the said JEREMIAH is to pay to his brother THOMAS PIERCE the sum of twenty eight pounds out, to be paid in country produce at the end of one year after the death of their mother and after making sundry other bequeasts, nominated, constituted and appointed JOHN WATSON, SENR. and JOHN WATSON, JUNR. executors of his said last will and testament and sometime after to wit on the ____ day of ____ in the year of our Lord one thousand seven hundred and _____ departed this life without having altered, revoked or in any manner disannulled this above said last will & testament and afterward to wit February term in the year of our Lord one thousand seven hundred and seventy five the said executors had the said will proved in open court and due form of law and took upon themselves the burden of the execution there of that sometime after the said WILLIAM PIERCE deceased departed this life and said JEREMIAH PIERCE in consequence of the above device entered into and took possession on the said manner plantation and land there unto belonging and the said JOHN WATSON, SENR. and JOHN WATSON, JUNR. executors above mentioned departed this life with out their or the said JEREMIAHS ever having paid the said sum of twenty eight pounds to the sd. THOMAS in any manner what soever, that sum time after to wit on the ____ day of ______ in the year of our Lord one thousand seven hundred and ______? the sd. THOMAS entered into the service of his country by becoming a Continantal Soldier in which station he continued until the _____? day of ______? in the year of our Lord one thousand seven hundred and _____? and then departed this life with out having made any last will and testament in writing or otherwise disposing of any other part of his property that the sd. THOMAS PIERCE at the time of his death was entitled to a considerable sum of money for his wages due to him at the time of his death to the amount of ____? and also _______? acres of land and also siezed and possessed besides of a very considerable personal estate consisting in corn, pork, bacon, ______? and many other articles unknown to your petitioners all of which fell into the hands and possession of the said JEREMIAH PIERCE and which the said JEREMIAH PIERCE (not withstanding your petitioners claim to a distributive part, without adminstrationg or any other lawfull authority converted and disposed of, to his own use. But now so it is, may it please your Worships that the said JEREMIAH combining and confederating together to and with divers other persons as yet to your peatitioners unknown whose names when discovered, your petitioners pray may be herein inserted as defendents and they made parties hereto with apt words to charge them, have to injure and appress your petitioners absolutely refuse to render or pay to your petitioners their equal and proportionable distubutive parts not only of the said legaly but every other part and parcel of the said personal estate where of the said deceased died siezed and possessed of, amounting in the whole value to the sum of three hundred pounds specia or there abouts ______? which actings and doings are contrary to equity and good convenience and tend to the manifest injury and oppression of your petitioners: In tender consideration where of and for theat your petitioners are only relievable by your worships in an equitable way. To the end there fore that the said consideration may true and perfect answer make upon their respective knowledge information and belief to all and singular the matters and charges afsd. as fully in every respect as if the same were here again repeated and particularly interrogated and more expectially that they may respectively set forth and discover, according to the best of their knowledge remembrance information and belief whither the said testator made such last will and testament, whither or not, if the said JOHN WATSON, SR. and JOHN WATSON, JUNR. were executors and proved the said will in due form of law and obtained letters testamentary in due form of same and took upon themselves the burden of the execution of the said will whether by the said last will and testament the said WILLIAM did not make the above mentioned gift of the manner plantation out of which the said JEREMIAH was to pay to the said THOMAS the sum of twenty eight pounds and whether he ever paid the same to the said THOMAS in his lifetime, how he paid it, in what and at what time, whether the said THOMAS did not enter into the service of his country by becoming a Continatal soldier whether the said THOMAS is not dead and really believe that he is dead so, what personal estate he hath or ever had in his hands the property of the said THOMAS in what it consisted and have disposed off, how much wages was due to him whether he was not intitiled to a certain quantity of land in the western part of this state for his sefvices whether he hath ever disposed of the said claim and how and how much he received for the clame whether the said THOMAS ever made a last will and testament or if he hath administered on his estate or by what authority he keeps possession or disposes of the same and that the saie JEREMIAH may by the decree of this Worshipfull Court be compelled to pay to each and every of your petitioners respectively their equel portion and distributive part not only of the above mentioned legacy but of the whole personal estate that was in his possession at the time of the death of the said THOMAS and that your worships will by the decree of this court grant to your petitioners such further and other relief as your worships shall think mute and your petitioners as in duty bound will ever pray BURWELL JOHNSTON & REBECCAH his wife JOHN BUTLER & WINIFRED his wife CONSTANT LOYD widow of JOSEPH LOYD SARAH HODGSON widow of SHADRACK HODGSON deceased by JOHN JOHNSTON their atto.