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Currituck County Wills
In the name of God, Amen. I Simeon SAWYER of the State of North Carolina, in the County of Currituck, being very sick and weak in body, but of perfect mind and memory, thanks be given unto God; calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die, do make and dispose of the worldy affairs wherewith it hath pleased God to bless me, in the following manner.
First I recommend my immortal soul into the hands of God who gave it, and my body I recommend to the earth to be buried in a decent christian manner, at the discretion of my executor herein after mentioned.
First my will and desire is that all my just debts should be paid out of my estate.
Item. I lend to my beloved Wife during the time she remains my Widow, the use of all my plantations and all other lands belonging to me, one moiety of said plantations to be tended yearly and the other moiety to be sowed in small grain, or so much there of as my Wife shall think best, and the remainder to be turned out in pasture for the benefit of her own creatures; and also changed yearly and kept in good repair with liberty to clear up ground where it has been purposed by me heretofore to clear. Also the use of all my negroes and their increase, and all my stock of horses, cattle, hogs and sheep, and household and kitchen furniture of every kind and all my working tools, such as plows, hoes and axes, and all other tools, etc. untill each one of my children comes to the age of twenty one years on the provision that my said Wife should bring up my children in a decent manner and give them good English educations each, so far as to be well acquainted with arithmetic, and each study the English grammar one year after they arrive to the age of nineteen years, or more if my Wife thinks proper, and in case any of my negroes should be disobedient, my Will is for my executor at the request of my Wife, to correct them, and if she thinks it to her advantage, to hire them out for her own use.
Item. My will and desire is that when my oldest Son arrives to the age of twenty one years, that all my property both real and personal and chattle, be equally divided by lawful commissioners set apart by the county court of the county aforesaid, between all of my lawful heirs agreeable to law, in such cases, made and provided; and said eldest Son to receive his portion and so on as they arrive to twenty one years of age, to receive their portions successively. But in case my beloved Wife should either decease or marry at any time, my will and desire is that the above division of my estate should take place as soon as practicable in the same manner and form as above mentioned.
Item. My will and desire is that instantly at my death that my executor herein after mentioned or appointed should take possession of all of my obligations, notes, book accounts, or any other monies due to me and cash which should be left by me, and make settlement as soon as practicable, with all the estate and wards to which my estate may be indebted, and the balance of said cash and notes, or any other monies due me (if any) to be put out by my executor aforesaid, on lawful interest, and the notes taken for the same to be renewed yearly with good security, untill my children arrives to the age of twenty one years successively, then to receive their several portions of the same equally.
Item. My will and desire is and I hereby aurthorise and give my executor herein after appointed full power, to contract for and purchase any lands contiguous to the lands which I now hold and to pay for the same out of my estate to the best advantage of said estate, and all the lands so purchased to belong to my estate, and to be divided with my other lands amongst my lawful heirs as before mentioned, and the expenses thereof or monies so laid out by said executor or vouchers for the same lawfully taken shall be lawful vouchers for my executor in settlement with my estate.
Item. My will and desire is, that if the incomes of my lands, farms, etc as above appropriated to the well maintinance and schooling of my children and beloved Wife, should not be sufficient to keep them free from want then and in that case, my will is that my executor supplies the definciency out of the funds of my estate in his hands, and the same shall be allowed him in settlement with said estate. And last of all my will is and I hereby make, appoint and ordain my beloved Brother Jacob SAWYER JUR. My whole and sole executor to this my Last Will and Testament, hereby revoking all others which have by me heretofore been made at my time. In witness whereof, I have hereunto set my hand and seal on the 12th day of July in the year of our Lord one thousand eight hundred and fourteen.
/s/ Simeon SAWYER seal
Signed, sealed and delivered in presence of us
William OWENS jurat
Peggy HALL
Recorded and examined the (blank) day of (blank)
[Note: Probate date is from Currituck Co. Court of Pleas and Quarter Sessions. Also, in court minutes of Nov. 27, 1815, "Ordered that Dorcas SAWYER have the right of admr. de bonis non on the estate of Simeon SAWYEAR decd. ... Levi W. HALL admr. of Jacob SAWYER decd. who were the executor of Simeon SAWYER decd."]
This will was contributed by Judy Merrell Brickhouse. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2004 Marty Holland
