Dobbs County, NC - Will of Richard Caswell, 1790

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WILL OF GOVERNOR RICHARD CASWELL 

In THE NAME OF GOD AMEN. I, Richard Caswell, of Dobbs County in the 
State of North Carolina, Do this second day of July, in the Year of our 
Lord, one thousand, Seven hundred and eighty seven, make and declare 
this to be my last Will and Testament as the one I made on the death of 
my dearly beloved son, William Caswell, will not suit with my present 
circumstances. I declare the and all former Wills and Testaments by me 
made, null and void, holding this and this only for firm and effectual, 
which is as follows: 
First. I reserve for the use of a burying ground for all those of my 
family and Connections who may choose to bury their Relations and 
friends there, one half acre of land where the Bones of my dear father 
and Mother lie, at a place called the Hill, to be laid out East, West, 
North and South so as to leave those Bones near the center of the said 
half Acre of Ground, and I also reserve in like manner, one half Acre 
of Land where the Bones of beloved wife (and) son, William, now lie 
near the red house, to be laid out in the same manner and for the same 
purpose as the above half Acre is directed; and these two half Acres to 
be reserved for the uses afores'd forever. And its likewise my Will 
that those who wish to bury their Dead at either of the said places and 
coming with in the meaning of the description above, shall always have 
liberty of Egress, Ingress and regress to, at and from the said 
respective burying grounds to bury the dead or repair or raise an 
enclosure to the same.
Secondly, To prevent any kind of Dispute which might arise between my 
Brother Martin Caswell, or his heirs or Assigns With those claimings 
under me, I declare all the land comprised within his Title from Samuel 
Caswell or the Title to Samuel Caswell or Nathaniel Bird, I have no 
claim to, notwithstanding my patent may be of a Younger date, than the 
Deed I granted to Nathaniel Bird for the same. 
Thirdly. Whereas my Brother, Samuel Caswell, in his life time and 
myself, agreed for two hundred acres of Land whereon he lived, 
immediately before his death, which was to begin at Mackilwean's 
(corner) next to the river, near Mrs. Skiners dwelling and run up 
Mackilweans to Dosiers out corner, then with his line to the flat 
branch near the end of Mr. Caosts field, then with the side of the said 
Flat and land down to where a small branch empties into the said Flat 
branch, which runs through Kellings old field, then a direct line to 
the mouth of the Cypres Gut. Then down the river a small distance to 
Boxes corner, then with his line out to my corner and then to the 
Beginning, which included part of Dosiers, Kellings, Boxes and my own 
former claims, for three hundred pounds and notwithstanding a very 
small part of that Sum was paid me in my said Brother's life time, and 
knowing it would very much distress his family was I to require the 
remainder, therefore, I leave the use of the Land aforesaid with the 
plantation and appurtenances to my sister, Eleanor Caswell, the widow 
of said Brother, until her son, Shine Caswell, arrives to the age of 
twenty one Years, at which time I give and devise the same to him, the 
said Shine Caswell, his heirs and Assigns for ever. 
Fourthly. I give to my Grandson, Richard William Caswell, a Negro boy 
named Boson, and his assigns forever. 
Fifthly. I give to my Grandson, Richard Francis Mackilwean, a Negro boy 
named Daniel, and to his Assigns forever. 
Sixthly. If Jonathan Morris chooses to take the land whereon old Jack 
lives, which I bought at the vendue of Richard Caswell, Junr's estate 
at the price I gave for it, I desire that the Title may be made to him 
for the same. 
Seventhly. Whereas I purchased at the Vendue of the Estate of my Son, 
Richard Caswell, one Lot and half a Lot of Land in Kinston, with the 
house wherein Mrs. Caswell now lives and the appurtenances, one Negro 
Woman named Sarah, one Negro girl named Sall, one Negro boy named 
Charles, and one Negro boy named Jim, which Lot and Half and premises 
with the said Negroes, I leave the use of to my Daughter in Law, Mary 
Caswell, until my Niece, Sarah Caswell, her daughter, arrives to the 
age of eighteen Years, if my said Daughter should so long live, and at 
that period or at the time of my said Daughters Death, if it should 
happen before my said granddaughter arrives to the age aforesaid, I 
give, devise and bequeath the said Lot, half Lot, an premises with the 
said negroes, to my said Grand Daughter, her heirs and Assigns forever, 
to be delivered over to her free of any charges or incumbrances on 
account of the maintenance and support of my said grand Daughter. And 
as it is uncertain into whose hands she may fall, or it may so happen 
that she may fall into distress unless provided for by me, I therefore 
desire the Executors of this will in such case to find her reasonable 
and decent support, in cloathing and board, and attend to her Schooling 
and Education, which they shall themselves pay to those who may be 
intitled to receive the expenses of the same, without its going through 
other hands, and shall be a charge against my Estate, which support in 
the case aforesaid, I direct shall be made and continued to her until 
she arrives at the age of eighteen years or marries. 
Eighthly. And, as I have heretofore virtually given to my daughter, 
Anna Fonvielle, the land I hold on the east side of the Atkin branch 
form the road down to the river and down the same to the mouth of the 
Cypress gut, bounded by the lines form thence of the Land herein given 
to Shine Caswell, and John Coarts lines and my own lines to the road, 
and then with the road to the Beginning, including all the land I claim 
adjoining the Atkin and Neuse, below the road, is what is called the 
Walnut Hill and contains about three hundred acres. I have also 
verbally given to my said daughter, Anne, Negroes Peter and his wife 
Barbara, and Doll, these verbal gifts I now confirm to the said Anna 
Fonveille, her heirs and Assigns forever. 
Ninthly. Whereas I am engaged to pay very considerable sums of money of 
account of purchases made of my dear son, Richard's estate, and as the 
articles then purchased will by no means bring a sum sufficient, and as 
I cannot now discriminate what of my property may be best to dispose 
of, to raise money sufficient to pat all my debts, I hereby direct the 
Executors hereof or such of them as may be acting at the time it may 
become necessary to dispose of such part of my real or personal estate, 
as he or they Judge necessary and on such terms, I think twelve months 
credit will be best, may appear most for the advantage of my Estate and 
I hereby empower such Executor or Executors or acting Executor to make 
Legal and authentic conveyances to the purchasers for the same. 
Tenthly. After my debts are paid and the expenses of my household, and 
schooling of my children, with every other incidental charge so as a 
fair and just inventory of the remainder of my estate can be made, of 
both real and personal property, I require my Executors or acting 
Executor to return such inventory with his or their account of the 
whole transactions relative to my estate, to my friends Spyers 
Singleton, Robert White, John Heritage, Jesse Cobb, Francis Childs, 
Simon Bright, Joshua Croom, Benjamin Caswell and John Coart, or the 
majority of them or of the Survivors of them, and I request such 
majority, will arrange the personal estate into five equal divisions or 
parts as near as may be, of which parts, I give my wife, Sarah Caswell, 
one, which I request she may be allowed to choose, at the same time, I 
request such majority of my friends may set apart for my said wife, in 
lieu of her dower of my Lands, as she may choose to live on, and such 
part I leave her the use of during her natural life; the other four 
remaining parts of my personal property, I request may be drawn for by 
my three sons, Winston, Dallam, and John, and Susannah, and such lot I 
give to the respective drawers, his or her heirs and Assigns forever. 
Lastly, I nominate and appoint my said Sons, Winston, Dallam, and John 
Caswell, Executors of this my Last Will and Testament, that is to say, 
Winston to act alone until Dallam arrives at twenty one Years of age, 
then those two to Act until John arrives to the age of twenty one, 
after which the whole to act as Executors until the business is 
compleat, and I appoint my good friend James Glasgow, in trust to 
advise and direct the due Execution hereof, which I beg he will 
attend to. In testimony of the premises, I have hereunto Set my hand 
and Seal, the day and year first herein written, contained on five sides. 
 
Executed in presence of us, who have }    R. Caswell {Seal}
subscribed our names as Witnesses in }
presence of the Testator, and of     }
each other                           } 
Simon Bright 
James Bright 

A codicil to the foregoing last will and Testament of Richard Caswell, 
made and executed the same day of the will and is to be considered as a 
part of the same, that is to say, I give to my son, Winston Caswell, 
Negroes Venus and Diamond, and to his Assigns for ever, to be appraised 
in like manner and by the persons named in my will, and the value 
deducted from his one fourth part, with my sons, Dallam, John, and 
Daughter Susannah. It is further my will, that in case of the death of 
any of my now living children, to wit, Winston, Anne, Dallam, John, and 
Susannah, before marriage, arriving at lawful age or legally disposing 
of any of the property, herein given then that such property shall go 
to my surviving children and their heirs and Assigns, to hold forever. 
Witness my hand and seal which is affixed to the string which binds 
these two sheets together. 
                                          R. Caswell {Seal} 
Executed in presence }
of                   } 
Simon Bright 
James Bright 

State of North Carolina }
           Dobbs County }    January Court 1790 
Then was the within Last Will and Testament of Richard Caswell, 
deceas'd, exhibited into Court and proved by the oaths of Simon Bright 
and James Bright, the only Subscribing witnesses thereto, who swore 
that they saw the Testator sign, seal, publish and declare the same to 
be and contain his last Will and Testament, and that they also saw him 
Sign and Seal the Codicil thereto, and acknowledged it to be a part of 
his Will; and to the best of their knowledge, he was at that time of 
perfect mind and memory. At the same time, Winston Caswell, one of the 
Executors therein named appeared and Qualified as such. Ordered that 
Letters Testamentary issue accordingly. 
                                      Test. W. Caswell, Cler. 
                                         (Official Seal) 

State of North Carolina }
          Lenoir County }
I Simon Bright Clerk of the County Court aforesaid do hereby Certify 
that the foregoing is a true Copy from the Original Will & Probate 
thereof now remaining in my Office. And that Dallam Caswell one of the 
Executors therein named, is the only now Surviving Executor to said 
Will.
                                      Given under my hand and the 
                                      Seal of the County at Kinston 
                                      the 20th day of July 1799
                                                    S Bright ClC

Copy of Original Will, filed in the office of the Secretary of State

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