Brunswick
                  County NC Genweb

Will of John Daniel 1763
Brunswick County, North Carolina
Contributed by Natasha Miles

Will of John Daniell
Recorded in Book A Pages 88-90
Brunswick County, North Carolina

In the name of God, amen I, John Daniell of the county of New Hanover in the province of North Carolina Esq Planter being in sound & perfect memory thanks be to almighty God for the same do make this my last will and testament.
First recommending my soul to Almighty God who gave it and my body to the earth to be buried at the discretion of my executors & excutrix hereafter named in hopes of a joyful resurrection with the just through the mediation death & sufferings of Christ Jesus my glorious saviour & redeemer. And as to such worldly blessings as it has pleased the lord to bestow on me I give and bequeath as follows -
Imprimis my will is that all my slaves and stock be kept together until my just debts & bargains are paid by me executors hereafter named. And my just debts and bargains are paid.
Then secondly I give and bequeath unto my loving wife Sarah Daniell a marsh lott with the low water fronting the same in Charles Town by the No. 299 as also a piece or part of a lott bought of my mother lying between the above mentioned lott and another lott formerly belonging to Marmaduke Daniell and now in the possession of Mr Jonathan Scott to her and her heirs forever. And I likewise give her during her life any piece of land which she shall choose to live on with all my household furniture with any plate, chair, & house, my will is that my slaves & stock shall be equally divided in three parts and then my said wife to take her choice after my debts & legacies are paid.
Thirdly I also desire my executors to build a house on the above said lot or any other piece of land belonging to my estate of the same dimensions that my sister Logan lives in. I likewise give to my said wife a mustee fellow by name Peter during the time she continues my widow and after her marriage or death to have his freedom.
Fourthly my will is that the other two thirds of my personal estate after my just debts are paid be equally divided between my children that is John, Robert, Mary, William, George & Stephen that shall be living at my decease.
Fifthly I give unto my sons George & Stephen the increase of their part from the time of my death and to be delivered them at the age of twenty one years free from all incumbrances whatsoever for maintainance or education by executors hereafter named.
Sixthly I give and bequeath unto the vestry of St Thomas Parish in So. Carolina one thousand pounds south currency, exclusive of the thousand pounds left by Capt Rich'd Harris dec'd and if my executors shall think proper to sell Burton's Plantation or tract of land containing five hundred acres to pay the said legacy they have hereby full power to do, and to pay the above said sum within two years after my death, with lawful interest or the sum into the hands of the said vestry and to be by them applied to the edification of the poor children of the said parish.
Seventhly I give and bequeath unto my son William the plantation whereon I now live commonly called or known by the name of Tom Bell's being bought of Thomas Bell containing five hundred & forty nine acres of land being on the west side of Lockwoods Folly River to him my said son William and his heirs forever.
Eighthly my will is that the rest and residue of my real estate shall be divided among my sons named John, Robert, George & Stephen Bedon in manner as follows, that is to say my son John to take his first choice of any one plantation which plantation shall be valued by indifferent persons as well as all the other lands. I do hereby give my said son John three hundred pounds south currency more in the valuation of the said plantation he shall chose than any of the other three. And further my will is that each one of the other three shall choose a plantation the eldest having their first choice still paying the others the moneys it shall be valued more than those the younger brothers shall have & the money that shall arise by the valuation of the said lands as above shall be divided & paid to each one in South Carolina as soon as they shall attain to the age of twenty one years which said plantation so chosen as above. I give to each of them & their heirs forever and all my other lands to be equally divided amongst my said sons.
Ninethly my will is that Robert Potter the son of Miles Potter that now lives with me shall be educated & clothed out of my estate until he shall attain the age of twelve years and then to be bound to any trade he shall choose.
Tenthly my will is that Mary Tharp that now lives with me shall be clothed and educated out of my estate until she shall attain the age of sixteen years or day of marriage. I do hereby nominate and appoint my loving wife Sarah with my sons John, Robert, & William Daniell to be my executors & executrix of this my last will and testament containing two sheets of paper. In witness whereof I have hereunto set my hand and seal this twenty third day of December 1763.
Signed sealed and acknowledged this to be my last will and testament in the presence of us.
John Gibbs
John Robinson
Hanah Robinson (her mark)

John Daniel (seal)

The withing mentioned will was proved by the oath of John Gibbs one of the witnesses and John & Robert Daniell herein named executors each having taken the oath of an executor. Let letters testamentary issue thereupon to the said John & Robert Daniell.
Arthur Dobbs