Orange County NcArchives Wills.....Alston, James February 28, 1761 ************************************************ 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: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Will Book Volume A, pages 13-17 Written: February 28, 1761 Recorded: May 1761 Testator: James Alston [Will Book Volume A, page 13] North Carolina Orange County I James Alston now of Elebye Cleek[sic] & the County & Province afsd being in a low state of health, but in perfect sence mind & Memory do make this my last Will & Testament ~~~ Making null & Void all other Wills made by me ~~ first I resine my Soul up to God that give it me & my Body to be Decently entered as to my, as to my[sic] Worldly Substance I give & Bequeath as follows Item my Will is that Warham Glenn make my son John Alston a Deed, for the Lower half of the Land whereon the said Warham Glen & Ann Downs Lived on Running Down to John Woods heirs for Compliment & that the said Warham Glen make my son James also a Deed for the other half running up the River to William Roberts line for Compliment & to William Glen[?] for so Doing I give & Bequeath the Plantation whereon he now lives, two hundred Acres of Land be the same ~~ more or less to him his heir or Assigns forever. Also I give to Warham Glenn forty Pounds Virginia Money to be paid next winter only Reductions to be made of what he has already Received towards that forty Pounds Item my Will is that Josiah Summer pay my Executrix and Executors two hundred & thirty five pounds, Proclamation Money, or Virginia Money according to Bargain And [Will Book Volume A, page 14] And for ???ing I give & Bequeath unto the said Josiah Summer, my land in Hertford County Begin[n]ing at the Mouth of Anthony Swamp Running up the swamp by a Line of Marked ???? to William Sharps line then along William Sharps line to We??? Cleek then the Various Course of Goos Creek, to the first Station to him & heirs & Assigns forever. Item I mean the use of the Plantation whereon I now live to my Loving Wife Christian Alston, During her Widowhood, but at her Death or Marriage, then to return to my son John Alston, to him & his heirs & Assigns ~~~ forever. Also I give to my son John Alston, all my land Down Neuse River & two Lotts in Newbern Town ~~~~ & the land & plantation in Chowan County on birds Creek whereon my Father formerly lived to him & his heirs & Assigns forever Item I give & Bequeath to my son James Alston all my land in Halifax County & Granville County Lying between Miltons Creek and Ready Creek to him & his heirs & assigns forever Excepting a Small piece of Land Surveyed by Edward Young, that I give & Bequeath unto my brother Joseph John Alston to him his heirs & Assigns forever, also I give to my son James Alston my Land on Ellebys Creek whereon Indian Ben now lives ~~ to him & his heir & Assigns forever I mean that Indian Ben shall have the use of the place for four Year, paying an Equal part of the Expenses & Dividing the Profits equally with my son, James Alston my Will is that my son Joseph John Alston puts in his three Negroes, which his Grandfather gave him in my Estate of Negroes & at a Division to come for an equal part my Will is furthermore that my Negroes shall not be Distributed any great Distances & no Division of my Negroes till one of my Children comes of Age or Marries my will is furthermore that if my Wife Christian Alston shou'd marry before any of my Children Comes of age or Marr[i]es that she shall take an Equal [Will Book Volume A, page 15] Equal sixth part of my of my[sic] Negroes Stock & house hold Good & my Childrens part ot remain together without any Division, till one of my Children comes of age, or Marries [~~~~~~~~ large x-out and erasure ~~~~~~] Then to be equally Divided amongst them & if my wife shou'd remain a Widow till either one of my Children comes of age or Married then all my Negroes stock & house hold Good to be equally Divided to my Wife Christina Alston & my son James Alston & my Daughter Charity Alston & my Daughter Sarah Alston & my Will is that if my Wife or either or any of my Childreen[sic] shou'd die unmarried, or not of age then then[sic] the Survivors shall have the Discarded[?] part or Parts equally Divided amongst them & every one of their part I give to them, & their heirs & Assigns forever. My will is further more, That my Wife and Familly shall have a Sufficient Maintainance out of the inclome of the Estate so long as they remain together & the overplus of the income of my Estate (if any) to let out on Interest or laid out on Convenient Lands or on young Negro Wimhen[?], for the Benefit of my Children ~~~~ and to be Equally Divided amongst them Also my Will is that two tracts or parcels of Land, both in Hertford County one known by the name of Slawsons on the South side of Chowan River & the other being[?] on Benells[?] Creek, on the North side of Chowan River Shou'd be sold at Publick Sale, at Six months Credit with Bond & Security Also I do nominate & appoint my Good & well Brothers John Dawson & Phillip Alston, & Solomon Alston Junr. & John Alston son of Solomon Alston Executors of this my last Will & Testament In Witness whereof I have hereunto set my hand & Seal this twentyeighth Day of February One thousand even hundred & Sixty one Test Warham Glenn } James Boyd } James Alston (seal) Thomas Hines } [Will Book Volume A, page 17] At an Inferior Court of Pleas & Quarter Sessions begun & held for the County of Orange at the Court house in Childsburg the Second Tuesday in May in the Year of our Lord One Thousand Seven hundred & Sixty one the Execution of the within Will was Duly proved by the oath of Thomas Hines ~~ & Ordered to be Recorded Test James Watson CC Additional Comments: Will Book Volume A, pages 13-17 Recorded May 1761 Note: Page number "16" is after page 17. No loose will found. No estate papers found.