Wayne-Johnston-Bertie County NcArchives Wills.....Spivey, John August 2, 1803
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File contributed for use in USGenWeb Archives by:
Linda Harmon trekkergen@gmail.com July 23, 2015, 8:04 am

Source: Raleigh State Archives, North Carolina
Written: August 2, 1803
Recorded: November 1805

WILL OF JOHN SPIVEY

Whereas I John Spivey of Wayne County and State of North Carolina being sick 
and weak of body but of sound mind and disposing memory do think fitt to 
settle my affairs and make my will in manner and form as followeth that is 
to say:

1st.  My will is that all my just debts and lawfull expences be paid out of 
my estate, then I lend unto my beloved wife after my legacies herein 
mentioned is raized all my whole personal estate to raiz and school my 
children an for her to live on dureing her life an also the use of my 
plantation but willing her to let our son Exum Spivey have the privilege of 
settling somewhere on the upper part thereof; and build and clear an plant, 
and cultivate for himself when he coms to man’s estate and stands in need of 
it;
 
Also my will is that my plantation after my wifes lone is expired that it 
equally divided between my two sons, Exum and Ephraim, if they both live to 
men’s estate, if they do not both live to that time, the longest liver shall 
have the whole, to whome I give it to them or him and heirs and assigns 
forever.

My executors shall sell so much of my estate as will raiz a sum sufficient 
to furnish my three daughters, Charity, Becca, and Abba, with forty dollars 
to each one give them, within two years from the probate of this my will, 
and when collected to be put out on in trust until they arrive severally of 
age to receive it, to who I give it, to them and their heirs forever.
Also my will is that if my mare shall bring a fole that my son Exum shall 
have it a guift from me.

Lastly now to this my will, I do nominate and appoint my wife executrix and 
my trusty friend Giles Hollowell, executor; and hereby disannulling all 
wills heretofore made by me; but ratifying this and no other to contain my 
last Will and Testament.

In witness whereof, I have hereunto set my hand and seal this 2nd day of the 
8th month 1803:

Enterlined the words and also the use of my plantation, but ____________.

Signed, sealed and propounded in the presents of us:

Thos. Hollowell, Jr.                John (JO – his mark) Spivey (SEAL)
James Handly, Jr.

Probate:  November Term 1805
Abigail Spivy added as Executrix


Additional Comments:
Will send PDF of this will.

File at: http://files.usgwarchives.net/nc/wayne/wills/spivey3370wl.txt

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