BERTIE COUNTY WILL - Pierse, John - 1799 File contributed for use in USGenWeb Archives by Will Cooper wcooper@cot.net ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ======== Will of John Pierse State of North Carolina} Bertie County} In the name of God, amen I John Pierce of the state & County aforesaid, being weak in body, but of perfect mind and memory, do constitute and ordain this my last will and testament, Imprimis, I give & bequeath my soul to Almighty God, beseaching his most gracious acceptance of it, & my body to the earth to be buried in a Decent Christian burial at the discretion of my Executors herein after named; ~ and as to my worldly Estate I will dispose of in the following manner, VIZ - First, I will & possitive order, that as soon as may be all my debts be paid ~ Nextly, I give and bequeath to my loving sister Charity Mitchel (wife of William Mitchel) one hundred pounds Currency, to be paid her as soon as may be after my decease, to her, her heirs and assigns forever ~ Item, I give to my loving sister Elizabeth Clemons (widow of George Clemons) one hundred pounds Currency, to be paid her as soon as may be after my decease, to her, her heirs, & assigns forever. ~ Item, I lend to my Dear and loving wife Mary, all the rest & remaining part of my Estate, both real & personal, during her widowhood (or natural life,) ~ and after her, my said wife Mary's marriage or death; ~ I give and bequeath to my said wife's daughter, Jinnett Phillaw, all that part of my Estate that I have lent to my said wife Mary; to her the said Jinnett, her heirs, and assigns forever, ~~ Item, and Lastly, I constitute, and appoint my Brother-in-law John Lester, & my friend George West, Executors, & my dear and loving Mary Executrix, of this my last will and Testament, uttirly Revoking & disannulling, all former Will or Wills, Ratifying this, and no other to be my Last Will and Testament, In Witness whereof I have hereunto set my hand & seal this 27th day of April 1799. John Pierse (signed) signed, sealed, Declared and pronounced in presence of ~ Wm P Hardy Jesse M------ State of North Carolina} Bertie County} May Term 1799 The Last will and Testament of John Pierse Deceased was proved in open court by the oath of William P. Hardy one of the subscribing witnesses and ordered to be recorded George Gray CC Notes: Note the difference in the spelling of the surname: Pierce, Pierse. In the preamble of the will, the spelling is Pierce: "I John Pierce . . ." I take it that this spelling is the work of the scribe who wrote down the dictated will. It is also apparent that the will is signed by the testator’s own hand and that is clearly: JOHN PIERSE . On the jacket of the will the name is, "John PIERSE" and in the excerpt from the court minutes regarding the order to record the will the name is also spelled, "John PIERSE." Also note the spelling of the name of the secondary beneficiary, Jinnett PHILLAW. "PHILLAW" is hyphenated and the spelling is quite clear. Likewise note the spelling of "JINNETT." It can NOT be discerned from the hand written will if the name is" "Jinnitt" or "Jinnett" or "Jennett." There is no obvious "dot" over the first or second vowels. I have "guessed" that the correct spelling is, "Jinnett," based on the subsequent will of Mary Pierse, wife of this John Pierse and mother of this Jinnett Phillaw, which was proved in Wake Co, NC in 1810. It is apparent that Jinnett (at that time, married to Blount Cooper) signs in her own hand as witness to that will. Her signature is clear: "JINNETT Cooper." >From these signatures, i.e. "John Pierse" and "Jinnett Cooper" it is clear that both individuals are literate and have written/spelled their own names. Hence, I assume as "correct" their spelling of their own names. Finally, I have recorded the spelling, punctuation and capitalization exactly as was originally written in 1799 and 1810, respectively. The scribe who wrote the dictated will of John Pierse was quite obviously better at spelling, grammar and actual penmanship than the scribe who wrote down Mary Pierse’s will. I looked at, and held in my hands, the original, handwritten wills at the North Carolina State Archives in Raleigh, NC in May, 2000 Will Cooper November, 2000