Tyrrell County NcArchives Wills.....Turnbull, James 1754 ************************************************ 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: Nola Duffy nduffy@patch.net September 18, 2011, 6:37 pm Source: N C Wills & Inventories - Grimes Written: 1754 JAMES TURNBULL'S WILL. North Carolina. In the Name op God, Amen. I, James Turnbull, of Tyr- rel County and province Aforesaid, Marchand, being in halth and of sound and disposing mind and memory, do make and ordain this my last will and Tastement in manner and form as follows: Imprimis, I Give, bequeaf & divise, unto Mr. Yreot ormond and Mr. Thomas Barker, attorneys of this province, one half of my Negrows that is Keept and detaned from me by William Mckey or proviso, tha, the above Said Yreot ormond & Thomas Barber will or do Sue for & Recover the the whole Nunber of negroes and Deliver the Othar half according to my will and clear of all Coste & Charges, in that Case, I will them the above Said half the number of my above Said Negros & their incres, to tham and thair assigns for ever: I mean my Negroe Woman Phebe and har dafter Scotta, and her Sun London, & har dafter Phebe, and har dafter pege, & har dafter ianne. I beared the wench head one boye since. Named Charls, he is dead by neg- lect, &c. Item, I Give, Bequeaf and divise unto my Nece, Mary Pantry, har two Suns, Robert & James, the one half of the abovemen- tioned Negroes, To be Delevered by Mr. Ormond & Mr. Barker, to tham or thair assigns, Clear of Chargis, if tha Sue & Recover as Aforesaid; if the above Said Mr. Yreot ormond & Mr. Thomas Barker will not Exsept of the above Legasy, in that Case, I give, Bequeaf and divise all the above Said Negrows, to the above said Robart & James Pantry and thair hairs for Ever, and to be Sued for at the Charg of my Estate, and to be Repaid if the Negrows are Recovered. I likewise order, that the above Said Robart, James be mentaned on my Estate if tha will assist to Kepe the plantation in order untill they are at full Age; then, & in that case, that the Said Robart & James, Shall have and injoye my Two peaces of Land at Scupernung, Called the Brak oake Land, and the Rich Levils; & one quarter part of my female black Cattle; & one quarter part of my beading and puter; and one quarter part of my horsis. My intent & meaning is, that the Said Robart & James Cume from london hear, at lest, one of tham, or luse thare legasys, but if tha Cum over Sea with Capttn. Dalley, or Otharwise, my Estate must pay thare passage, ten pound Starling for both; if tha parform all that I injoyne, then I Give Bequeaf and divise to the abov said Robart & James Pantry, as above mentioned, to tham and the hairs of thare body lawfully begoten; and for wont of Such, to Eithars hairs; & for want of Such, to the heairs of their Sister in london; & for want of Such, to my legateas heare in Carolina, I dont mean Mr. Barker nor Mr. Ormond. Item, I-Give, bequeaf, & divise unto mary Turnbull Butcher, one half my parsonal Estate, after the above Legaseys are paid, To har and the hairs of har body lawfully begoten; & for want of Such, to Mary Pantry, har hairs if tha are hear, if not, to har Brother, Bell Butchar, or my hairs. Item, I give, Bequeaf, divise unto Bell Butchar, all my land not allredy given, I mean Bells gift and gards island, and my land in Edenton, and the Remainder of my Parsonall Estate, to him and his hires of his body lawfully begoten, and for want of Such, one half to the hiars of mary Pantry, and the othar half to the hairs of Mary Turnbull Butchar, or the Surviver of tham to have all. Item, I Give, Bequeaf and divise unto Mary Butchar, the use of all my Estate both real and Parsonall untill the legates cum to the Age of twenty one years, Exsept har dafter, Mary Turnbull Butchar, She ma keep har Legasy during har life if She pleasis, and the one half of Bells gift land &c, to har use during har life, my intent is that non of the legates Shall have thare legaseys, untill untill, tha are twenty one years olde. Item, I order & direct that all my Just debts, be paid by the Sails of my Scooner & paryagor & Conews, and marchanddiz, at vandue for Redy money, or private Sail as my Executrix & Trustte pleasis as Soon as posable, and Collecting my Debts or Sue derectly all that will not Pay on Sight of the list of Debets or the accounts, Since. My, Will and Desire is that Mary Butchar doth mantain and Edecate all the minors above mentioned as well as She can aford with the use and Intrest above Given Har; if She make any waste of my Estate the County Court is Required to make har give Securyty or tha are derected to appoint gardians for the children or tha chuse them if of age. Item, I order that nomoney be paid to any parson but Mr. Hanry Jordan that his mothar, Elizabeth Hanmore, left him, nor to him untill my hairs be indamnified from danel Hanmore & his hairs. Item, I order that the ballance due to the hairs of Mrs. Ann Mountgumry be paid as it Now stands, deducting the quit- rents since paid. Item, I order that the title and bounds of the land that I now Live on be defended according as the Survaer hath made out a plott and Sartificate agreeable to my deed, which I naver Rec'ved, any consideration for of any Parson, all the foregoing legates Shall beare thare proporationable part of the Charg if Accation, And on thare Refusall, forfit thare Legasey to the Rest of the Legatyes. I order the quitrents of all my land to paid yearly. I order that my Cloths be made up for Bell Butchar and Robartt & James pantry, if tha are hear as tha want Cloths; likewise, my books and instruments to be divided amoungst tham three boyes. My will is if my Neace, Mary Pantry should Cum over sea to see me, I order her the Use of my dweling House in Edenton and the Smoke house & oven during har and har huseband, Phillip Pantry, thare natral lives, Rent free, but must Keep the same in good Repare &c.; my intent and meaning is, that my Executrix shall do & parform Every thing and things that I have given, bequeafed, devised, willed ordered and derected as much as lyes in har power, with the advice and concent of my truste hearafter Named. My Truste must be wall paid Every Year for his Truble. Lastly, I Nominate and appoint Mary Butchar to be my Executrix and William gardnar, Esqr., to be a truste to this my laste Will and Testament. In witness hear of, I have hear unto Sett my hand and Seal, this twenty Sixth day of September, one thousand, Seven hun- dred and fifty three. James Turnbull. (seal) Signed and delivered in public presence of : (interlined before signed, bove) Ann Denem. John Mathews. Charles Denem. James Tatterton, Jurat. North Carolina, Tyrrel County, ss. June Court, 1754. Present his Majesty's Justices: These may Certifie that John Mathews & Ann Denam, Two of the Sub- scribing Evidences to the Within Will, came into open Court and made Oath on the Holy Evangelists of Almighty God that they Saw James Turnbull Sign, Seal, publish, pronounce & declare the Within Writing to Contain his last Will and Testament; & That he was at the same time in perfect sound mind and disposing memory, and that they also at the Same time, Saw James Tatterton & Charles Denon Sign their Names as Evidences to the said Will. Then also Appeared Mary Butcher, Execu- tric & Quallified herself by taking the Oath as the Law in such Cases Directs. Ordered, that the Hon'ble James, Murray, Esqr., Secretary of this Province, have Notice thereof, that Letters Testamentory Issue Ac- cordingly. Test. Evan Jones, Cler. Cur. Copied from the Original Will, filed in the Office of the Secretary of State. 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