Hertford County, NC - Will of Richard Washington, 1765 ~~~~~~~~~~~~~~~~~~~~~~~~~~ WILL OF RICHARD WASHINGTON Hertford County, NC There is a typed copy of this Will in the Vertical Files at the NC Archives along with a letter written in 1977 by Blake Craft who sent the Will to the archives. He stated that this was Richard Washington II, son of Richard I of Surry Co, Va. It appears a copy of the handwritten Will was found in private hands in the middle of the 20th Century in Texas and a photocopy was made in 1946 by a Prentiss Price who provided a notarized statement that included "the copy had on the back a legal opinion by William Richardson Davie, written in 1790 when Sarah (Washington) Atkinson (daughter of John Washington, named in the will) was seeking a share of her grandfather's estate. The Photostat I copied did not have this." Mr. Craft stated in his cover letter that he had proven by Wills, deeds and other documents the names of the legatees in the Will were correct. He also stated the wife "Patience" was the second wife and the first wife was Hannah. This Richard had a brother, James, who came into Bertie Co early and lived in that area of Bertie that became Northampton. In the name of God Amen. I Richard Washington of Hertford county in the Province of North Carolina, Planter, being of perfect sound mind and memory though of weak and frail body, I do constitute and appoint this my last will and testament knowing that it is appointed for all men once to die. I do hereby revoke all other wills and testaments heretofore made. Inprimus, I give and bequeath unto my son John Washington five shillings Sterling. Item, I give and bequeath unto my son William Washington five shillings Sterling. Item, I give and bequeath unto my daughter Mary Hawton five shillings Sterling. Item, I give and bequeath unto my daughter Priscilla Brewer give shillings Sterling. Item, I give and bequeath unto Eldridge Washington one feather bed and furniture. I lend unto my wife my negros and land during her natural life and all the rest of my moveable effects I give to my forever. And provided my wife should have a child within the term of nine months after my decease all my negros and lands shall decend to that child and provided no such child should be brought forth of her body within the said term of that time, them it is my will and pleasure that all my engross and lands shall decend to my son Eldridge Washington. And I do hereby appoint my wife Patience Washington and Benton Moore Executors of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal. Richard Washington (L. S.) This will and testament was signed by the testator and acknowledged to be his last will and testament the Eighteenth day of September One Thousand Seven hundred and sixty-four, before us. John Lawkill Arthur Moore Moses Moore North Carolina Hertford County In July Inferior Court, etc 1765. The annexed will was exhibited into Court by Patience Washington, Exor. Therein appointed and approved by the oath of Arthur Moore and Moses Moore, two of the subscribing witnesses thereto and then the said will was ordered to be recorded and the said exor. Was duly qualified for that office and prayed an order for letters testamentary thereon which was accordingly granted. Benj. Wynns, CC A true copy from records Sam. Harrall, CC NOTE: A note at the bottom of the page states that Benjamin Wynns, Jr was Clerk of the Court from 1764 to 1774 and Samuel Harrell was Clerk from 1780 to 1790. There was also excerpts from a letter written in 1923 by Sidon Harris of Austin, Texas, to his daughter Mrs. Glena W. Richardson. Mr. Harris was an attorney and died in 1926, but the papers he referred to could not be found. ….Richard Washington …. Married Elizabeth Jordan … they had ever so many sons and daughters …. One of the sons, Richard Washington (2nd) married twice, disinheriting the children of his first marriage, among who was a son John, who was my mother's father's mother's father. Among my grandfather Atkinson's papers there is a certified copy of the will of said Richard Washington (2nd) made in 1764. My grandfather, Samuel Washington Atkinson, was the son of Samuel Atkinson and his wife Sarah, who was the daughter of said John Washington, son of Richard W. (2nd). This is proven by an affidavit which is also among my grandfather's papers, made before a justice of the peace in Robeson Co, NC in 1790. The occasion of the making of that affidavit was the effort my grandfather's mother (Sarah Washington) made to get her part of her grandfather's (Richard 2nd) estate. There is written in the handwriting of Col. W. R. Davie, on the reverse of the copy his opinion as to the legal effect of said will. Col. Davie as a noted lawyer, a famous cavalry general in the Revolutionary war, and afterwards Minister to France. I also have the record and official certification as professional genealogist made for me by Dr. Tyler, president of William and Mary College, and founder and editor of the said magazine of that name. I will add that my records show that Richard Washington (2nd) was a member of a Co. of NC Colonial Rangers. This son John was a Captain in the Revolutionary War. An excerpt from Mr. Harris letter mentioned that Samuel Atkinson died in Southampton Co, Va with a will written 1782 and probated 1785. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@cox.net ______________________________________________________________________