THE LAST WILL AND TESTAMENT
June 7, 1749
In the name of God Amen, I JOSEPH BAILEY of Pasquotank County in the Province of North Carolina Farmer, being sick and weak of body but of perfect mind and sound and disposing memory do make & ordain this to be my Last Will &Testament. I recommend my Soul to Almighty God who gave it, and my body to be decently interred by my Wife’s at the discretion of my executors hereafter named and as to my worldly estate I dispose of the same in the following manner Viz.
Imprimis. I give & bequeath my Plantation whereon I now live to my loving Daughter ANNE BAILEY and the heirs of her body, lawfully begotten for ever, but in case she should die without any such heirs then I give bequeath my said Plantation to DAVID BAILEY son of my Brother ROBERT BAILEY to him & his heirs for ever and my will & pleasure is that the sd. Plantation be rented out until my Daughter marries or arrives to the age of twenty one years.
2dly. I give & bequeath to my Brother SIMON BAILEY all my horses, cattle, sheep & hoggs that I have at Core Sound to him & his heirs for ever.
3ly. I give & bequeath to my loving Daughter ANNE BAILEY five negroes named Andrew, Jonas, Moll, Luke, & Joan and their increase to her & the heirs of her body lawfully begotten for ever and in case she should die without any such heirs then I desire and my will is that the negroes and their increase shall be equally divided amongst my Brothers and Sisters.
4ly. I give & bequeath to my Brother ROBERT BAILEY all my wearing cloaths or apparel.
5ly. I give & bequeath to my Sister THAMAR BAILEY my white mare called Swann to her & her heirs for ever.
6thly. I give & bequeath to my Sister SARAH SNOWDEN fifty shillings Virginia Currency and my mare Bonny to her & her heirs for ever.
7ly. And Lastly I give & bequeath unto my loving Daughter ANNE BAILEY all the rest of my estate both real and personal to her & her heir for ever.
My Will and meaning also is that the negroes herein and hereby given to my Daughter ANNE BAILEY shall be hired out and their hire and the rent of the Plantation to be for the use of my said Daughter. And I hereby ordain & constitute my Brother ROBERT BAILEY and my friend Mr. PATRICK POOL Executors to this my Last Will and Testament hereby revoking all former & other wills heretofore by me made. In witness whereof I have hereunto set my hand & seal this 7th day of June Anno Dom 1749
Sealed, pronounced and declared By JOSEPH BAILEY to be his Last Will & Testament in the presence of
PATRICK BAILEY His mark
Edenhouse August 4 1749
This day came befor me DAVID BALY & made oath on the Holy Evangelist that he saw JOSEPH BALY sign seal and publish the within writin to contain his Last Will and Testament and at the time at the same time saw the other witnesses herein mentioned sign their names as witness therein.
Order that the Sec. Of this Province have notices thereof that Letters Testamentory issue accordingly.
Executor of the withing Mentioned Will qualified according to law.
Will Letters issued Aug. 5 1749
Contributed and transcribed by Judy Merrell Brickhouse
(Transcribed as written, including errors in spelling and grammar.)