Bertie County NcArchives Wills.....Ryan, Thomas 1753 ************************************************ 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 26, 2010, 7:59 pm Source: N C Wills & Inventories - Grimes Written: 1753 THOMAS RYAN'S WILL. IN THE NAME OF GOD AMEN. I, Thomas Ryan, of the county of Bertie, in the Province of North Carolina, being of a very sick Sr infirm Body, but of sound & Good Memory. & Calling to rememberrance the uncertainty of Human Life, doe constitute, make & appoint this my Last will & Testament, in manner & form following: First & Principally, I Commend my Soul to God who gave it, in certain hopes of the Resurrection of the Dead; & my Body to the Ground to be decently in- ter'd & buried at the discretation of my Executors hereafter mention'd. Touching my Worldly Estate, I give, dispose & bequeath of That as follows: Imprimis, I give, & bequeath unto my Son, David Ryan, two hundred acres of Land, more or less, lying in the Bottom of Cashy Neck, on the thorough-fare, commonly known by the name of The Old House; also four hundred & fifty Acres, being one half of the Land That John Holdbrook liv'd on; also six hundred & forty acres of Land, more or less, lying upon the great Beaver dam; Also four hundred & fifty Acres of Land, more or less, lying upon Cypress Swamp, which Land I sold to William Lane, conditionally, and if the said Lane pays the purchase Money, which is Twenty five pounds, current money of Virginia, which money I give & bequeath to my Son, David aforesd. as a compensation or in Lieu of the said Land sold to the said Lane. But if the said Land makes default of Payment, That then if recover'd by Law, I give the afor'sd. Land to my Son, David, afores'd. Also, I give unto my son., David, foor Negroes, to-wit: Casar, Phoebe & Peter, Taffay. Also, one Bridle & Saddle, & my Shooe & Knee (Buckles) Buckles; & my Will & Desire is That the afors'd Legacies, as well Real as Personal, Which I have here Bequeath'd to my son, David, Be to Him, his Heirs & Assigns for ever. Item, I give & bequeath unto my Son, James Ryan, three hundred & fifty Acres of Land, or there-abouts, upon Mysattick River in Tyrrell County. Now This Land is conditionally sold to Matthew Thomas, late of Edenton, Merchant, who is to pay the purchase money, to-wit: one hundred & seven pounds, ten Shillings, Current money of Virginia, payable on the Eleventh day of November in the present Year of our Lord, one thousand, seven hundred & Fifty Three. If the said Matthew pay the money due, at the time afor'sd, then my will & Desire is that the said money be put to Interest upon Good Security; The Bond or Bonds which shall be gave as Security or Securities of the said money to be renewed every Year. But in Case the said Matthew should make Default of Payment, it is then my Will & Desire that the said land be in. the Possession of my Son, James, aforesd. And Either the said Land, or the said Money (if paid), with the Interest thereof, I give unto my son, James Aforesd., his Heirs & Assigns forever. Also, I give unto my Son, James aforesd., five hundred & fifty Acres of Land, the Remainder part of Holdbrooks Land & where the said Holdbrook dwelt. Also, four hundred & forty acres of Land lying in Cashy Neck, formerly the Estate of James Castello. Also, one hundred & thirty Acres of Land joyning the Land of Thomas Sutton, deceased. Also, I give unto my Son, James afores'd, Three Negroes, towit: London, Jacob & Ned; Also, a Bay horse which now runs in the woods. All the Legacies aforesaid which I have(here) here bequeathed unto my Son, James aforesd., My Will & Desire is that they Be to Him, his Heirs & Assigns for ever. Item, I give & bequeath unto my Son, George Ryan, my my Plantation Containing five hundred Acres, lying in Roeguis, formerly known by the name of James Castello's Islands. Also, I give & bequeath unto my Son, George afores'd, my Plantation on the Head of Salmon Creek, together with my water Mill; & also two Plantations lying up Chowan, formerly belonging to John Rogers & John Graves; Also, one hundred Acres of Land lying upon Cashy River, where Garrett Vanup- shall now lives, together with three Negroes, to wit: Tom, Jack & Rose. Also, two Mares, the one a Bay, the other a grey Mare. All which Legacies, I have here bequeath'd unto my Son, George aforsd., my Will & Desire is that they, as well Real as Personal, Be to him, his Heirs & Assigns for- ever. Item, I give & bequeath unto my Son in Law, Cornelius Campbell, & his wife, my Daughter Elizabeth, my Plantation containing two hundred & twenty five Acres, lying in Tyrrell 381 County, & upon Albemarle Sound; also, two Plantations in Bertie County, formerly belonging to Thomas Mewbern & William Goodwin. Also, the plantation in Bertie aforesd. whereon John Nicholls now dwells. Now the said Nicholls has made a purchase of this Land & paid some part of the purchase money, but the whole being not paid within the time limited by Agreement, the said John Nicholls has forfieted his Title to the said Land; my Will therefore is that if my son, Cor- nelius & his Wife, Elizabeth, please, they may either receive the Remainder of the money due from the said Nicholls, as an equivalent for the said Land, or enter upon the said Land, on the surrender of the said Nicholls; Also, two hundred acres of Land lying upon upon the Southside of the Middle Swamp; also, two Negroes, towit: Jenny & Lucy. The Legacies aforesd. which I have here bequeath'd to my Son, Cornelius & his Wife, Eliaabeth, as well Real as Personal, my Will & Intention is that, That they be to them & their Heirs for ever. But with this restriction to the Heirs only of my son, Cornelius begotten of the Body of my Daughter Elizabeth. Item, I give & bequeath unto my Daughter, Mary Ryan, two Plantations lying on Chowan River, containing five hun- dred Acres; Also, two Plantations lying on Black Wallnut Swamp, containing four hundred & Eighty Acres; Also, two Negroes, to wit: great Jane & Esther; Also, fifty pounds cur- rent money of Virginia, to be paid unto my Daughter, Mary Afores'd, from out of the outstanding debts due to me; Also one Bay horse. All which Legacies, as well Real as Personal, which I have here bequeath'd unto my Daughter, Mary afors'd, My will & Intention is, That they be to her & her Heirs for ever. Item, I give unto my Loving Wife, Martha Ryan, the Use & Occupation of my Manor Plantation, together with the dwelling house, Utensils, Stock, Smith's Tools & other ap- purtenances whatsoever, to the said Plantation & House be- longing, during her natural Life, together with the profits arising from the Servitude & labour of these three Negroes, to wit: Ben, Bess & Moll, likewise of the indented Servants. Also, I give & bequeath unto my said Wife, my Riding horse Pompey & her own Riding Horse, Ruffin, as also my watch & Sleeve Buttons. Also, One hundred Pounds, Current money of Virginia, which will be due to me from John Hardisson, on the Nineteenth day of December, in the present Year of our Lord, One thousand, seven hundred & fifty three. And my Will is, that the aforesaid horses, watch, money & sleeve Buttons, Be at her own absolute power & disposal. And my farther Will & Desire is, That after the decease of my said Wife, That the Manor house & Plantation aforesaid, shall devolve to my Son, Thomas Ryan, Together with the aforemention'd Negroes, Benn, Bess & Moll, & their increase, & I doe declare, Will & Desire that the aforesaid Legacies, both Real & Person- al, are for, & shall Be, to my Son, Thomas aforesaid, his Heirs & Assigns for ever. Also, I give unto my son, Thomas aforesaid, One hundred Acres of Land, joyning to David Thompson's & Edward Bird's line upon Cashoak Swamp, & my will, Intention is that these last Legacies also, together with the abovementioned, be to my Son, Thomas aforesaid, his Heirs & Assigns for ever; and I also give to my sd. son, Thomas, & his heirs or assigns forever, four hundred Acres of Land joining to the manor Plantation & known by the name of Jacob Hardy's Old field. Item, I give a bequeath unto my Worthy Friend, Capt. John Campbell, ten Spanish Pistoles, or their value in Current money of Virginia. I likewise hereby authorise & impower my Executors, to make Titles unto all Those Purchasers of the Land which I have sold, upon Such Purchasers paying in of the Respective moneys due for the Purchase of such Land. Provided the Legatees of those Lands shall be contented with such payment for & as an Equivalent for their Several & Respective Lands. My will & Intention farther is, That the Mill which I have bequeath'd unto my Son, George aforesaid, be repair'd & kept in constant repair from out of the profits of my whole Estate, Each Child or Legatee contributing thereto his or her equal Share in proportion, till the said George shall arrive to the age of twenty one Years, And in Consideration thereof each of my Children shall be entitled to the benefit of having their Corn and the like, ground therein free of all toll or ex- pence whatsoever. Touching the Education of my Children, my Will & Desire is that each of my three younger Sons, to wit: James, George, & Thomas, shall be paid for from out of the Outstanding Debts, But if the Outstanding Debts fall short & are insufficient to discharge my Own Debts & Legacies, that then my whole Estate shall equally contribute towards such their Education. My Will & Desire is That my Wife, Martha Ryan, have the Care & Guardianship of my Children who are not of full Age, untill they shall respectively arrive to the age of twenty one years, But if in the mean time, my Wife should intermarry, then upon such her marriage, my will & Intention is That she shall not any longer continue Guardian, But shall justly account for the profits of, as well also as for the separate Es- tate, of each Child with & To my Son, David, Their Eldest Brother, who I desire may then have the care, Guardianship & Tuition of his Brothers Aforesaid, and their Estates. My Will & desire farther is, That the Brig be sold & that the money arising from such Sale, be appropriated to the payment of my just Debts, & That immediately after the Sale, my Executors pay unto Thomas Castello, the sum of one hundred twenty five pounds, current money of Virginia, Ex- empt from all manner of Deduction or abatement, And after the said Castellow be paid, my will & Intention is That the Residuum or Remainder of that & the Outstanding debts be equally divided betwixt my Wife & Children, share & share alike. My Will & Intention is, that if any of my Children dye be- fore he or She before such child be of full Age, or Dye without Issue, that the rest of his or her brothers, surviving Shall be entitled to an equal Share of Such Decedents Estate. My Farther Will & Intention is, That those Negroes, (whose Servitude during the Nat'ral life of their Mistress, Isabella Dyal, I bought of John Holdbrook, to whom such servitude was before made over by Edward Dyal, during the Nat'ral Life of his Wife, Isabella aforesaid), be equally divided be- twixt my wife & Children share & alike. I Likewise Desire & injoyn my Executors to offer no other money than Gold or Silver to any of my Creditors in discharge of my Respective Debts, unless any Creditor should particu- larly prefer the Proclamation Money, or Commodities of the Country, in lieu of his respective Debt. And I doe hereby appoint my Loving Wife, Martha Ryan, & my Son, David, Capt. John Campbell & Cornelius Campbell, & Thomas Turner, Executors of This my Last Will & Testa- ment, bearing Date the twenty ninth day of January, in the Year of our Lord, One thousand, seven hundred & fifty three. Thos. RYAN (T. R.) Sign'd, seal'd, publish'd & declar'd in the presence of: EDWD. UNDERHILL. DAVID ALLEN. HUMPHRY NICHOLS. By way of Codicil to this my Last Will & Testament, I now declare that, any Clause whatever in my aforesaid Will to the Contrary notwithstanding that it is my will & Inten- tion that if my Son, Thos. Ryan, Should dye, without Issue, that then my Manor house & Plantation shall fall & devolve to my Son, David Ryan & his heirs forever, & that the sd. Manor house & Plantation shall not be divided as is mentioned in my Will aforesd. but shall immediately devolve to my son, David Ryan, his heirs & Assigns forever, in witness whereof, I have hereunto set my. hand & seal, this twelfth day of February, in the Year of our Lord, One thousand, seven hundred & fifty three. Thos. RYAN, (T. R.) February, ye 12th, 1753. Thos. Ryan, publish'd & declard the above Codicil! to his Last Will & Testament on the day of the date hereof in the presence of us: EDWD. UNDERHILL. DAVID ALLENS. her ELIZABETH I ASHBURN. Mark. her MARY X CAPHART. mark. March General Court, 1753. The within Last will & Testament of Thomas Ryan, Dec'd., was Proved by the Oaths of Edward Underhill & David Allen, two of the subscribing Witnesses to the same, & The above Codicil Proved by the Oath of David Allen & Mary Caphart, each of which evidences made Oath that the said Thomas Ryan, was at the time of Executing the said will & Codicil of sound and Disposing mind & memory. And David Ryan, having taken in the Oaths of an Executor, Ordered that Mr. Hand, the Secretary have Notice thereof that Letters Testa- mentary Issue Accordingly. JNO. SNEAD, C. G. C. Copied form Original Will, filed in the Office of the Secretary of State. File at: http://files.usgwarchives.net/nc/bertie/wills/ryan1582wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 14.3 Kb