Johnston County, NC - WILL of Avera, Thomas - 1761 File contributed for use in USGenWeb Archives by Franklin W. Ingram, 19 Feb 1999, The Will of Thomas Avera, Sr., Testator of 1761 Johnston County, North Carolina The following transcription is of the entire original Will of Thomas AVERA, Sr., Testator of 1761, housed in the NC Archives (CR 056.801.1, Johnston Co Wills: 1760-1922, Folder: Thomas Avera, 1761). It was probated during the April 1762 session of the Johnston County Court. Elizabeth E. Ross published an abstract of the original in "Will Abstracts: 1746-1870, Vol. I & II, Revised Edition, 1991." Because this abstract is widely available, differences between it and the original are noted in the transcription. A clerk made an official copy of the original. A microfilm of this copy can be found on pages 755-56 of "Johnston County Record of Wills, Vol. I, 1760-1859," housed in the NC Archives (C 056.8001). This copy differs in some particulars both from the abstract by Ross and from the original. Differences between the copy and the original are also noted in the transcription. The original Will is considered to be authoritative whenever it differs from either the abstract or the copy. The original is written on one side of a 12 inches by 15 inches sheet of unruled paper. The writing stretches across the 12-inch length from edge to edge making it difficult to follow. The penmanship is legible, and there are only a few places where the words cannot be read with certainty. However, for ease of reading, punctuation and paragraph breaks were added and spelling was corrected or modernized. The transcription that follows has any editorial comments enclosed in [brackets]: In The Name of God, Amen. The 12th day of February 1761 I, Thomas Averea, Senior, late of Johnston County in the province of North Carolina, planter, being weak in body but in perfect mind and memory, thank to God for the same. Calling to mind the mortality of my body and that it is appointed for all men once to die. [Both the copy and the abstract spell the surname "Avera" and not "Averea" as in the original.] I do make and ordain this my last Will and Testament and, first of all, I give my Soul into the hands of Almighty God that gave it me nothing doubting at the General Resurrection to receive it again by the mighty power of God and my body to the earth to be buried in a decent Christian manner at the discretion of my Executors, and, as for what worldly Estate it has been pleasing God to bless me with, I dispose of in the following manner and form. Imprimis: I leave and bequeath to my beloved Wife, Judith Averea, her third of half the tract of land I now dwell on with all the improvements during her life and one Negro girl named Judith and one feather bed with a green rug and pair of sheets and two cows and calves and one horse bridle and saddle and fifty pounds current money of the aforesaid province to be levied out of my Estate. [The abstract says that this land is on Marks Creek, but neither the copy nor the original mentions Marks Creek. The copy seems to say "a green ring" and not a "green rug," though neither is entirely legible.] I leave and bequeath to my Son, Alexander Averea, one hundred acres of land where he now dwells, to him and his heirs forever. I leave and bequeath to my beloved Son, Thomas Averea, Junior, one piece of land where he now dwells containing about ninety acres, to him and his heirs forever. I leave and bequeath to my beloved Son, John Averea, one half of the tract of land I now dwell on, the part up the river, to him and his heirs forever. I leave and bequeath to my beloved Sons, William and Moses Averea, one track of land on South Side of Neuse River containing two hundred twenty-five acres to be equally divided between them, to them, their heirs and assigns forever. I leave and bequeath to my beloved Son, Isaac Averea, one half of the land I now dwell on, with the plantation, to him and his heirs forever. I leave and bequeath to my beloved Son, Henry Averea, forty pounds current money of the aforesaid province to be levied out of my Estate. [The copy uses the name "Harry" and not "Henry."] I leave and bequeath my beloved Son, Samuel Averea, forty pounds current money of the aforesaid province to be levied out of my Estate. [The copy leaves out this entire reference to Samuel Avera.] I leave and bequeath to my beloved Daughter, Elizabeth Jones, thirty [The copy has this sum as "twenty " and not "thirty."] pounds current money of the said province to be levied out of my Estate. I leave and bequeath to my beloved Daughter, Mary Averea, forty [The abstract has this sum as "30" and not as "forty."] pounds current money of the said province to be levied out of my Estate. I likewise leave forty [The abstract has this sum as "30" and not as "forty."] pounds of the aforesaid money to the child my Wife, Judith Averea, goes with to be levied out of my Estate, but if it should die before it comes to maturity, said money to be divided amongst the rest of my children, and The rest of my Estate to be equally divided amongst the rest of my children, and I do hereby constitute and appoint my beloved Sons, Alexander and Thomas Averea, to be Executors of this my last Will and Testament. I do hereby revoke, disannul, and disallow all other and former Wills and Testaments. This and no other to be my last Will and Testament. In witness hereof I have signed, sealed and delivered My Hand and Seal Thomas (X) Avera His Mark In the presence of us Witness: William Avera William Jones Senior [On the back of the Will is written: Thomas Averea Will, at page 58, in Book A, 1761.] Note that this Will has proven to be misleading without reference to other Johnston and Cumberland Co documents found in the NC Archives, Raleigh, NC, and in the Avery Vertical File at the Johnston Co Genealogy Library, Smithfield, NC. For example, five (5) of the sons named in this Will became Minor Orphans at the time of Thomas Avera, Sr.'s death and the sixth minor son, Arthur, was still unborn when the Will was signed. William, the son, was a boy at the time and is not the William Avera who witnessed the Will. The son, William, eventually moved to Cumberland Co, NC, and sold his inheritance to his brother Moses and was given power of attorney to act on behalf of his brother, Samuel. It is proven that Samuel Avera married (10 Feb 1779) Zilpha Ingram, daughter of Richard Ingram, Testator of 1781, and later moved to Wilkes/ Lincoln Co GA, as did his younger brothers, Isaac and Arthur. It is also likely that Samuel's brother, William, married Zilpha's sister, Elizabeth Ingram, and that Samuel and William's older sister, Mary Avera, married Zilpha and Elizabeth’s brother, John Ingram. Thomas Ingram and his younger brother, John Ingram, the sons of John Ingram and Mary Avera Ingram, went with Samuel and Zilpha Ingram Avera to GA where they married daughters of Hezekiah Bussey. In addition to all of the related records, it is wise to keep in mind that Thomas Avera, Sr.'s grandson, Thomas Avera, III, also married a Judith. Care should be taken not to confuse Judith the wife of Thomas Avera, Sr. with Judith the wife of Thomas Avera, III. Transcribed and annotated by Franklin W. Ingram, 19 Feb 1999, f_w_i@email.msn.com ============================================================== 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. The 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, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==============================================================