Spruill, Dempsey - 1841 - Tyrrell Co., NC - Wills Submitted by Teresa Kelley takelley@erols.com SPRUILL FAMILY WILLS DEMPSEY SPRUILL October 11, 1841 State of North Carolina Washington County In the name of God amen I Dempsey SPRUILL of the State and County aforesaid being of sound mind and in good helth do make and ordain this my last will and testament in manner as following, my desire is that my Executors shall pay for all my just debts and funeral expences viz: 1st Item) I lend unto my beloved wife Mary SPRUILL the house and Plantation whereon I now live, together with all of the lands that I am seased and possed of (viz.) the tract of body land whereon William SPRUILL lives also the tract of land whereon my son Downing SPRUILL moved from adjoining the poplers land together with all my working tools, horses, mules, cattle & hoggs, sheep & household & kitchen furniture of every discription during her life time. 2nd I now lend unto my wife Mary all my stock of Negroes of every discription both young and old to her disposal. Also those Negroes that is lent out to my children, to her disposal to take or let her keep them to be to her disposal her life line or she has a right to lend any one of the negroes to any one of the children as she may think proper or to take them away at her pleasure. 3rd And I further give unto my wife all of my money and notes that are in the house to the use of my Mary. Also all of my constable receipts to her also. 4th Item Now my will and desire is that all of my Negroes at the death of my wife Mary shall all come in together of every discription and to be equally divided among my lawful heirs except my son Downing SPRUILL. 5th Item Now I give unto my daughter Ann Caroline one bed and furniture the first choice, two cows and calves to her and her heirs forever. Also two ewes & lambs and one hundred and fifty dollars in money to her and her heirs and assigns forever. 6th I now gave unto my daughter Henretta DUNSTON to her and her heirs forever which is now in my possession all of her own property. I gave also to her three cows and calves of the stock that will be in the possession of my wife Mary SPRUILL at her death and three ewes and lambs. 7th Now my will and desire is that all of my household and kitchen furniture, horses, cattle, sheep and all of the rest of my chattle property of every discription after taken out the chattle property I have givin away to my two daughters (viz) Ann Caroline & Henretta DUNSTON to be equally divided between my lawfull heirs of after the death of my wife Mary SPRUILL excepting my son Downing SPRUILL as he is not to come in as my heir as I have givin away to him his legacy before. 8th Now I give unto all of my lawfull heirs at my death money enough to buy them a mourning suit except my son Downing SPRUILL. 9th Now I gave unto my son Downing SPRUILL one Negroe woman by the name of PATIANEL and one Negro boy by the name of MOSES which he has now in his possession. Also I gave unto him one dollar in cash which is in full of any estate as to his part to heir and his heirs forever. 10th Now I gave unto my grand son Dempsey SPRUILL the son of William A. SPRUILL ten acres of land adjoining of the land of P.C. DUDLY & others to him and his heirs forever. 11th Now I gave unto my daughter Clarisa & P.C. DUDLY one tract of land known by the PINNER land by estamation eighty acres of the same more or less adjoining of the land of Caleb PHELPS & others to them their heirs and assign forever. 12th (item) I gave unto my two daughters Ann Caroline & Heneretta DUNTSON all of my lands whereon my son Downing SPRUILL moved from adjoining of the lands of Elias OL??ES heirs and others by estamation two hundred and twenty acres be the same more or less with the land to be equally divided between the two girls and the dividing line to run through the middle of the East and West including of all of the lands on the East side of my bigg ditch and my daughter Heneretta DUNSTON to have the North side of the said dividing line and Ann Caroline to have the South side of the said line to them and their heirs forever after the death of their mother Mary SPRUILL. 13th I now gave unto my daughter Sallah wife of Isac C. BATEMAN one tract or parcell of land adjoining of the DAVIS land and known by the Saudacy DAVENPORT land laying in the west side of my bgg ditch estamated to be eighty one acres be the same more or less to her and her heirs forever after the death of my wife Mary SPRUILL. 14th I gave unto my son William A. SPRUILL one other tract of land adjoining of the lands of the widow SNELL called Green Land Swamp by estamation sixty five acres more or less to him and his heirs forever. 15th Now I gave unto my daughter Mary SWAIN the wife of Jeremiah SWAIN seventy five acres of land to be laid off to her out of the east end of the said tract of land whereon I now live with the line to run North and South to her and her heirs forever after the death of her mother Mary SPRUILL. 16th I now give and bequeath unto my daughter Ann Caroline the house and plantation whereon I now live that is to say after taking out the seventy five acres that I gave away Harry SWAIN as above stated to her the said Ann and her heirs forever after the death of her mother. 17th I gave unto my grand son Dempsey WOODEY (sic) the son of Eli WOODLEY twenty acres of land adjoining of the lands of Benjamin ARNOLD and James M. DAVIS and others to him and his heirs forever after the death of his grand mother Mary SPRUILL. 18th I now gave unto Ebenezar DUNSTON my grand son whereon John DUNSTON last lived adjoining of PETTIGREWS Chapple to him all of the said tract of land and of my right and title interest in the said tract of land to him and his heirs forever. 19th I now gave unto John DUNSTON my grand son one tract of land known by the Buckhead Land laying in Tyrrell County all of my interest in the said tract of land to have his heirs and assigns forever. Now I revoke all other wills and this will to be my true and last will and testament. Now I leave & ordain as my worthy friends my beloved wife Mary SPRUILL and my son William A. SPRUILL my hole and sole Executors to this my last will and testament in witness whereof I have hereunto set my hand and fix my seal this 11th day October in the year of our Lord one thousand eight hundred and forty one. (signed) DEMPSEY SPRUILL {seal} Witness: (signed) R.B. DAVIS (signed) ASA ANSLEY It is my wish and desire that all the legacies and bequests herein mentioned in this my last will and testament should be all considered as given subject to the life estate of my wife Mary according to the first, second, and third clauses of this my will except the sum of one hundred and fifty dollars in money given to my daughter Ann Caroline which I desire to be given her without interest at any time according to the direction of her mother and such gift to be considered independent of and apart from any share she may entitled to receive in the division of my estate according to the direction of this my will given under my hand and seal this 4th day of March 1842 (signed) Dempsey (his X mark) SPRUILL {seal} Witness HARDY HARDISON (signed) (signed) JOSIAH COLLINS ------------------------------------- State of North Carolina Washington County Court of Pleas & Quarter Session May? Term 1842 The due execution of the foregoing last will and testament of Dempsey Spruill deceased was duly proved by the oath of Robert B. DAVIS one of the subscribing witnesses thereto who made oath that the said testator Dempsey SPRUILL in the presence of him said Robt B. DAVIS and also in the presence of Asa ANSLY the other subscribing witness signed sealed published and declared the foregoing paper writing preceding the codicil as and for his last will and testament and that he the said DAVIS and the said ASA ANSLY subscribed the same at the request of the said testator in his presence and in the presence of each to her as witnesses. And the due Execution of the foregoing codicil to the last will and testament of the said Dempsey SPRUILL was duly proved by the oath of Josiah COLLINS one of the subscribing witnesses thereto who made oath that the testator Dempsey SPRUILL in the presence of him said COLLINS and in the presence of Hardy HARDISON the other subscribing witness signed sealed published and declared the same as & for a codicil to his last will and testament in the presence of said subscribing witnesses who at the request of said Dempsey SPRUILL subscribed the same as witnesses whereupon Mary SPRUILL & William A. SPRUILL the Executrix and Executor named in the said will qualified thereunto and it is ordained that said will and codicil be recorded and that letters testamentary issue. (signed) T.E. PENDER Clk ---------------------------- State of North Carolina Washington County I F.F. FAGAN Clk of the court of Please and Quarter Session of said County do certify the foregoing to be a true copy from the records of my office 15 Sept 1852. F.F. FAGAN Clk ------------------------------------------------------------------------ ================================= USGENWEB NOTICE: In keeping with our policy of providing free genealogy information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for purposes other than as stated above, must contact the submitter or the listed USGenWeb archivist.