Gates County NcArchives Wills.....King, John 1735 ************************************************ 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: Bud King bud5082@earthlink.net January 25, 2011, 2:13 pm Source: Courthouse at Hampton, Virginia Written: 1735 The Last Will and Testament of John King of Elizabeth City County, Virginia (1735) In the name of God amen(,) I John King of Elizabeth City County being sick and weake (weak) of body But of Sound and perfect memory thanks be to almighty God do make constitute(,) ordain and appoint this to be my last will and Testament revoking and disanulling (disannulling) all former wills or Testaments by me heretofore made in manor (manner) and form following wit(:) Item(-) I give and bequeath my Soal (Soul) to God that gave it and my body to the Earth from where it was taken in Sure and certain hope through the Words and Sufferings of my Blessed Saviour Jesus Christ to receive a joyful resurrection at the last Day & as to my worldly Estate I give & dispose thereof as follows(;) Item(-) I will that my Funeral Charges and just Debts be first paid and discharged(.) Item(-) I give and bequeath unto my loving Son John King all that my tract of land lying & being in the uper (Upper) Parish of Nansomond (Nansemond) County near the head of Sumertons Swamp containing Four hundred and forty Three acres and another tract of land laying in Albermale (Albemarle) County at the head of Bennitts (Bennetts) Creek in the Province of North Carolina containing one hundred acres and likewise on negro (Negro) Girle (girl) named Frank now in his possession To have and to hold to him the Said John and his heirs for ever on Condition he the Said John King pay unto Mr. William Folk of Nansom’d (Nansemond) County what mony (money) I owe him for _______ the Said Folk and if he refuseth to do that then and in Such case I will appoint & order the said two tracts of land and negro (Negro) be sold by my Exrs. (Executors) for the most that can be got for the Same towards discharging my Debts. Item(-) I give and bequeath unto my loving Son William King my tract of land lying & being in Chowan precinct in North Carolina containing one hundred and Eighty acres to have and to hold to him the Said William and his heirs for ever. Item(-) I give and bequeath unto my loving Son William King my Manor plantation in Elbet. (Elizabeth) City County on the South Side of Back river (River) containing Five hundred acres land to have and to hold to him the Said William and his heirs for ever on condition that he pay to my loving wife Rebecca King on Demand the yearly rent of Six pounds Curt. (current) mony (money) every year During her natural life(.) Item(-) I give and bequeath unto my Grandson Michl. King Son of Michl. King one hundred acres of land part of a tract comonly (commonly) called and known by the name of the name of the round (Round) Pond to be lands adjoining on the lands of Sarah Cox and Dorothy Wilson and so adjoining to Holme’s line this land being formerly given to his Father by a Deed and is here given to Strenghten the land to one of the heirs of my Said Son Michl. apprehending this Said Deed not be athentick (authentic) in law to convay (convey) the Said land. Item(-) I appoint and ordain that one hundred & Sixty two acres of land laying and being in the County of Albermale (Albemarle) in the province of North Carolina be by my Son John King Sold and the mony (money) arising therefrom I give and bequeath unto my Grandson Michl. King Son of Michl. King & his heirs for ever and that the Same be laid out as Soon as conveniently may be by his Mother Jane King in negros (Negroes) or land for the only use & benefit of the said Michl. & his heirs. Item(-) I give and bequeath unto my loving Sons Armistead and Charles King all the remainder of _________ one hundred acres before given my Grandson Michl. King of my tract or parsell (parcel) of land known by the name of Riverbend pond (Pond) to be Equally Divided between them to have and to hold to them the Said Armistead and Charles and their heirs for ever. Item (-) I will and ordain that my tract of land laying and being in Nansomond (Nansemond) County on the Southern Branch wch. (which) I purchased of Wm Perry be by my Exrs. (Executors) Sold towards paying Benj. Dobbs. Item(-) I lend the use and labour (labor) of my Two negros (Negroes) by the name of Jack Russell and Cato unto my loving wife Rebecca King During her natural life and that they be no way loyable (liable) to the payment of my Debts if my other Estate be Sufficient and after her death that they be Equally Divided between my Three Sons Wm King(,) Armistead King and Charles King to them and their heirs for ever. Item (-) I lend the use and labour (labor) on my two negros (Negroes) by name Jack Crumall & his wife Sarah unto my loving Son William King During the life of my wife Rebecca King and after her death that then the Said two negros (Negros) be Equally Divided between my loving Sons William King(,) Armistead King and Charles King to them and their heirs for ever. Item(-) I lend the use of my Mulatow Girle (mulatto girl) by name Sarry unto my loving wife Rebecca King During her natural life and that She be not loyable (liable) to the payment of my Debts as aforesaid. Item(-) I give unto my loving Son Armistead King my negro (Negro) woman named Frank and her two children Peter & Nanny to him and his heirs for ever(.) Item(-) I give and bequeath unto my Son Charles King my negro (Negro) woman named Rachel and her child Will to him and his heirs for ever(.) Item(-) I give unto my loving Son William King my Two negro (Negro) Boys by name Cato and Nod to him and his heirs for ever(.) Item(-) I give and bequeath unto my loving wife Rebecca King a Bed and furniture her choice of any I have(.) The Chest of Draws (Drawers) that Stands in the Poarch (Porch) Chamber and the large looking Glass that was Maj. Armisteads (Armistead’s) & one Silver Tankard wch. (which) was Maj. Armisteads (Armistead’s) as (and) also her choice of all my Horses and Mares. Item(-) I give unto my Son Wm. King my Silver hilted Sword. Iem(-) I give and bequeath unto my loving Sons Armistead & Charles King a Sealed ring and a Gold Buckell (Buckle) to them & their heirs for ever. Item(-) I give unto my Daughter in law & her two Sons to Each of them a Mare(.) Item(-) My will and Desire is that all the rest of my negros(,) Stock & House hold Goods be Equally Divided amongst my loving wife and Three Sons Wm. King (,) Armistead King & Charles King & their heirs(.) Lastly(-) I hereby Constitute(,) ordain and appoint my Two loving Sons John King & William King my True and lawfull (lawful) Exrs. (Executors) of all and every part of this my will Except of that part relating to my loving wife Rebecca King and my Two younger Sons Armistead King and Charles King for the due performance & Execution of wch. (which) I ordain & appoint my Loving wife Rebecca King to be my True & lawfull (lawful) Exetx. (Executrix) and Gardian (guardian) to my Two Said Sons Armistead and Charles until Such time as they Shall come to the age of Twenty one years(.) In Witness whereof I have here unto Set my hand & affixed my Seal this 13th Day of January 1735. Sealed(,) published and Declared by the Testator to be his last will & Testament in the presence of (;) John Robinson Junr. John King (signature & seal) Miles Cary Wm Armistead Samuel Markham (his mark) Notes: # 1 - The Last Will and Testament of John King of Elizabeth City County, Virginia transcribed above bears the date of 13 January 1735 and it therefore assumed that this is the date on which it was written. This version of the transcription of this will as completed (16 Jan 2011) by Randolph McPhail King is an attempt to record the Will as it was originally written to greatest extent possible. Corrections to grammar and punctuation are offered in parenthesis as they were deemed appropriate during the transcription. It is hoped that any correction offered in no way distorts the meaning of the contents of this last will and testament. # 2 – John King was born in Nansemond County, Colony of Virginia about 1675 to Michael King (from Norwich, England) and Elizabeth Hare (surname not certain). According to the Bible record of Solomon King (ca. 1734-1795) a great grandson who once lived in Gates County (NC), Michael and Elizabeth H. King had 6 children and in this Bible they were listed in this order; Nathan, William, Michael, Henry, John, and Elizabeth. This is likely the order of birth for the members of this family, however, this is indefinite. The only other records which could possibly shed some light about the ages of some of the children of Michael and Elizabeth H. King would be some existing Virginia records of land patents and grants in which are included some references to Michael King and his 5 sons (see “Abstracts of Virginia Land Patents and Grants, Volume II; 1666-1645” abstracted by Nell Nugent and indexed by Claudia Grundman). Most records of the early days of Nansemond County (Virginia) have been lost due to at least three fires which destroyed the Courthouse and most of the records contained therein. Except for the Solomon King Bible, there is little else that can offer information about the earliest days of the Michael and Elizabeth H. King family. It is believed by some King researchers that John King was the youngest of the sons of Michael and Elizabeth H. King. It appears from other information which exists in the colonial records of North Carolina that John King was very close to his brother Henry King (ca. 1674-ca. 1716) as they both lived on Bennett’s Creek in what is now Gates County (NC) in the very early 1700’s. Henry King died in the Salmon Creek area of Chowan County, near the present day Town of Windsor (Bertie County) about 1716. John King was still living in North Carolina at this time and served as the guardian to Michael King, the eldest son of his brother Henry King, as can be attested in early North Carolina records. John King went back to the Virginia area about 1719 and eventually located in an area known then as Elizabeth City County, now known as Hampton Roads. John King married several times ,however, at the time of his death he was married to Rebecca Moss Armistead King, the widow of Major William Armistead. The Will of John King dated 13 January 1735 mentions a number of family members. John King probably died sometime prior to 19 May 1736, as his Executors were summoned to Court in Elizabeth City County on this date (see Wills And Administrations of Elizabeth City County, Virginia and Other Genealogical and Historical Items; Blanche Adams Chapman; 1941). John King left survivors, according to his will, which included several children (John, William, Armistead, and Charles), a grandson named Michael King, and possibly some step-children, other than his wife Rebecca King. It is obvious from the wording of this will that John King was survived by children from previous marriages (a copy of the Will of John King was obtained from the Courthouse records of Hampton Roads, Virginia with the assistance of LaRoyce Strickland Nixon of Suffolk, Virginia and another copy obtained was made by Lou Pero with enhancements provided by Henry Lee King of Cary, NC ). # 3 – The transcriber of the Will of John King is a descendant of Michael & Elizabeth Hare(?) King by way of their son Henry King who died in the Salmon Creek area of the Province of North Carolina about 1716, as previously mentioned. The descendants of Henry King eventually moved on to an area of Bertie County once known as Kesia (between the Cashie and Roanoke Rivers) and from here some of them relocated to Duplin County (NC) about 1749 (RMK). Additional Comments: Transcription of the Last Will and Testament of John King of Elizabeth City County (Virginia) which was written on 13 January 1735. John King died in Elizabeth City County (Virginia) prior to 19 May 1736 as his Executors were summoned to Court on that date to answer questions in this matter. It has taken quite awhile to accomplish this task and I have used several different copies of the original will, a transcription done earlier by Ms. Lou Pero who was a noted researcher of our King family I think from Texas, several abstracts and some records of orders of the court of Elizabeth City County (Virginia) to try to decipher the contents of this document of over 276 years ago. I have had advice from a number of other researchers of family history; Jerome Tew of the Mormon Family History Center of Goldsboro (NC) and Henry Lee King of Cary (NC) and a member of the same King family as we who is an author of a book about the descendants of Michael King of Nansemond County (Virginia) and is one of the best researchers of King family history I have encountered ....just to name a couple. John King is not my direct ancestor, however, he was the brother of my direct ancestor Henry King (ca. 1674-ca. 1716) who once lived on Bennett's Creek in what is now Gates County, NC (as did John King) and the Salmon Creek area of what is now Bertie County (NC). This John King (ca. 1675-ca. 1736) served as the guardian for Michael King (ca. 1698-1741), the eldest son of the Henry King just previously mentioned (also one of my direct ancestors), after the death of his father about 1716. This John King left NC about 1719 to return to the Colony of Virginia where he settled in what was then Elizabeth City County..now Hampton Roads, Virginia. I have completed my task to the best of my ability unless someone can supply me with a more legible copy of this old will than I have been able to locate thus far. File at: http://files.usgwarchives.net/nc/gates/wills/king1731wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 14.1 Kb