ONSLOW COUNTY, NC - WILL BOOK 2 - Benjamin Prescott, 2 Dec 1856
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BENJAMIN PRESCOTT WILL
State of North Carolina
County of Onslow
Will Book 2


I, Benjamin Prescott, of the county of Onslow, State of North Carolina, being 
of sound mind but aware of the uncertainty of life, do make and declare this 
my last will and testament.  It is my will that my Executor hereinafter named 
shall pay any just debts out of the moneys that may first come into his hands 
a part and parcel of my estate.  I lend to Matilda Melton the wife of Henry 
Melton, the plantation whereon I now live in the said county of Onslow during 
her life.  And after her death, I give and devise the said plantation supposed 
to contain about two hundred acres to Rachel Melton, the daughter of the said 
Matilda to have and to hold the same unto her, her heirs and assigns forever.  
I also leave to the said Matilda Melton one feather bed and its furniture 
during her life.  I give and devise to Penina Melton, her heirs and assigns a 
certain tract of land in the county of Onslow aforesaid, lying in the Wolf 
Pond and the head of Long Branch adjoining the lands of Barney Leary and 
containing by estimation one hundred and ninety eight acres, to have and to 
hold the said land unto the said Penina Melton, the daughter of Matilda Melton 
aforesaid, to her, her heirs and assigns forever.
I give and devise to (Lucy?) Jane Melton, her heirs and assigns a certain 
tract of land in the said county of Onslow known as the Wheeler place, which I 
purchased from Maurice Foy containing by estimation one hundred and fifty 
acres and also a certain other tract adjoining the one just given to her which 
I purchased from John Jones to have and to hold the said tracts of land unto 
her, her heirs and assigns forever.  The tract last given to her the said Lucy 
Jane, daughter of the said Matilda, being supposed to contain about sixty 
acres.
I give and devise to Matilda Melton, the daughter of the said Matilda, wife of 
Henry Melton, her heirs and assigns a certain tract of land in the county of 
Onslow aforesaid lying on Cypress forming the Davis land and containing by 
estimation one hundred and fifty acres, to have and to hold the said tract 
unto her, her heirs and assigns forever.  I give and bequeath all my cattle 
and hogs to Penina Melton, Lucy Jane Melton, Matilda Melton and Rachael 
Melton, children of Matilda Melton, wife of Henry Melton, to be equally 
divided among the said children.  I give and bequeath to Matilda Melton, 
daughter of the said Matilda, wife of Henry Melton, the sum of twenty dollars 
to be paid by my executor out of any money realized by him out of my estate 
after my death.  I give and bequeath to Penina Melton, daughter of the said 
Matilda Melton, the sum of twenty dollars out of my money that may come into 
his hands as part of my estate.  I give and bequeath my beaufet (buffet?) 
chest, clock and table to Rachael Melton, daughter of the said Matilda Melton.  
I give and bequeath to Penina Melton, Rachael Melton, Lucy Jane Melton and 
Matilda Melton, daughters of Matilda Melton aforesaid, one feather bed and its 
furniture to each of the said children.  I will and direct that all the 
residue of my property after taking out the devises and legacies heretofore 
mentioned, shall be sold and the money arising therefore shall be equally 
divided among the children of the said Matilda Melton, wife of the said Henry 
Melton and paid over to them, Penina Melton, Lucy Jane Melton, Rachael Melton 
and Matilda Melton, children as aforesaid by my executor.  And lastly, I do 
hereby constitute and appoint my friend Gardner Shepard my lawful executor to 
all intents and purposes to execute this my last will and testament according 
to the true intent and meaning of the same, hereby rending and declaring void 
all other wills and testaments by me heretofore made.

In witness whereof I, the said Benjamin Prescott, have hereunto set my hand 
and seal this the second day of December AD 1856.
(signed his mark) Benjamin Prescott

Signed sealed published and declared by the said Benjamin Prescott to be his 
last will and testament in the presence of us who at his request and in his 
presence do subscribe our names as witnesses thereto 
Testators
Enoch Foy
Elijah King

State of North Carolina}
Onslow County}
Court of Pleas and Quarter Sessions Sept Term 1861
Then was the foregoing will of Benj. Prescott proved in open court by the 
oaths of Enoch Foy & Elijah King, one of the subscribing witnesses the said 
will being handed in by Gardner Shepard who was duly qualified to the annexed 
will as the executor of the Benj. Prescott, deceased, when the same was 
ordered to be recorded.
A. B. Johnston, clk