THE LAST WILL AND TESTAMENT
October 6, 1745
In the name of God Amen. This Sixth day of October, Anno Dom: 1745, I DAVID BAILEY of Pasquotank County in the Province of No. Carolina, being not well in health, but of perfect mind & memory thanks be given to God therefore calling to mind the mortality of my body & knowing that it is appointed unto all men once to die, do make & ordain this, as my Last Will & Testament. That is to say, principally & first of all I recommend my Soul into ye hands of God that gave it, and my body to the ground to be bured at the descretion of my exs. Hereafter named. And as touching such worldly estate wherewith it hath plesed God to bless me in this life, I give, demise & bestow ye same in mannor & form following.
Imprimis. I give & bequeath to my well beloved Wife THAMAR BAILEY all the cattle up Pasquotank River, that I had by her and also all other goods & effects, that were property her own, before our in for mariage also the sum of four hundred pounds current paper money to be paid to her by my Ext. hereafter named.
It.- I give & order that my negro fellow Andrew be sold at publick vendue to help raise the afsd money & that my Wife be not debared the liberty of bidding for him, (if she sees cause)
It.- I give & bequeath to my well beloved Daughter ELIZABETH BRYANT one negro wench named Jeney, also one Dutch Linnen wheel.
It.- I give & bequeath to my well beloved Son JOSEPH BAILEY, the plantation where on he now dwells, together with all the land thereunto belonging to him & his heirs forever, also four steers runing on ye sd land.
It.- I give & bequeath my negro fellow called Jonas to my Son JOSEPH BAILEY, also my negro wench called Moll also my negro boy called Luke. Also the one half of my Whip-Saw, also one steel trap, also one corn mill, also one walnut oval table besides what he has recvd. Before.
It.- I give & bequeath to my well beloved Son BENJAMIN BAILEY one negro boy called Moses, also two yoke of oxen, also my old flat, also all the steers down ye River that shall be in being at my death.
It.- I give & bequeath to my well beloved Son BENJAMIN BAILEY ye land & plantation I bought of EBENEZER HALL containing two hundred & six acres lying in this County to him & his heirs forever.
It.- I give to my Daughter SARAH SNOWDEN the use & service of my negro wench called Ruth, during my sd. Daughter’s life, and after her decease, I give and bequeath the sd. negro wench called Ruth and all her increase to the heirs lawfully begotten of my sd. Daughter SARAH’S body also three ewes & lambs.
It.- I give & bequeath to my well beloved Son ROBERT BAILEY my land & plantation called the Tolly to him & his heirs for ever. Also one negro boy called James, also the one half of my negro girl called Doll, also one feather bed & furniture wich is now down ye River, also one black mare wich I bought of JOSEPH LOWRY branded with “I L” two cows & calves wich is down ye River, also one case of bottles, also the half of the now Schooner, also the half of my whip saw, one steel trap, one very large iron pot, one iron pot trammel.
It.- I give & bequeath to my well beloved Son SIMON BAILEY my Plantation & land called Piney Point, lying at Coro Sound, containing Three Hundred acres & patent to him and his heirs for ever, also all my cattle upon that Plantation of the Plantation mark, being a swallow fork in ye right ear the left ear off, also one negro fellow caller Mustriphor, also the other half of my negro wench called Doll, also my will & order is that the increase of the sd. negro Doll, pass the first child to my Son ROBERT, the next to my Son SIMON & so on, and if there be an odd one, the same to be equally divided between them, also one bed & furniture wich is in my room at my Son JOSEPH BAILEY’S, also two cows & calves, one young mare branded with “D.B” called ????? one small trunk & fifteen pounds in gold & silver in if of Virginia currency, also all ye hives of honey & bees on ye plantation above sd. also two cows and calves.
It.- I give & bequeath to my Daughter TAMAR BAILEY the work & service of my negro wench called Hannah during my sd. Daughters life, and after her decease I give & bequeath my sd. negro Hannah and all her increase to the heirs lawfully begotten of my sd. Daughters body, also one bed & furniture, wich is down the River, also one young mare called —tail, one trunk, one white chest, one case of bottles, one looking glass, one box iron & heaters, three pewter dishes, one set of tea ware, also one Dutch Linnen wheel, also one woolen wheel made at Coro. Sound, also two cows & calves, one iron pot that I bought of SARAH SNOWDEN, one iron pot trammel, also one young horse called Button.
It.- I give & bequeath to my second Wifes Daughter MIRIAM OVERMAN one negro girl called Kagar & her increase, to her & the heirs of her body.
It.- I give & bequeath to my second Wifes Son DAVID WALLIS, the work & service of a young negro boy of mine, called Jeffery towards his maintaining & bringing up, till he shall arrive to ye age of twenty one years but if the sd. DAVID WALLIS, shall happen to die before he shall attain to that age, then the sd. negro Jeffery, to return to me & my heirs, but if the sd. DAVID WALLIS shall live to the full age of twenty one years, the the sd. negro is to be his for ever.
It.- I give & bequeath to my Sons JOSEPH BAILEY, ROBERT BAILEY & my Son in Law SIMON BRYANT all my neat(?) & sheep marked with a swallow fork in ye right ear, the left ear off, also all my horses and mares branded with “D B” wich are runing upon the banks at Coro Sound, equally among them. Also all the neat cattle upon Hunting Quarter, belonging to me marked with a Poplar Leaf in ye left ear, & a crop & a slit in ye right.
It.- I will, bequeath & strictly order that all the rest & ofiduo(?) of my personal estate, not mentioned in this will and wich shall be found in this County and within the Lord Cartorots line, be sold at publick vendue to the highest bidder and the money thereby arising my Wifes legacy first discharged to be equally divided between my children, viz. ELIZABETH BRYANT, JOSEPH BAILEY, BENJAMIN BAILEY, SARAH SNOWDEN, ROBERT BAILEY, TAMAR BAILEY, & SIMON BAILEY. Also for my Exs. To take care of my Son SIMON BAILEY & bring him up.
It.- I nominate constitute and appoint my Son JOSEPH BAILEY, and my Son in Law SIMON BRYANT, Co-Executors of this my Last Will & Testament, to see the same performed to the utmost of their power. Utterly revoking, disanuling & making void, all former or other wills, testaments, legacies and bequeaths, formerly by me, in any wise made willed or bequeathed, ratifying & confirming this & no other as my Last Will & Testament. In witness whereof I have hereunto put my hand & seal the day & year first afore written.
Signd, seald, published Pronouncd & declard by ye Sd. DAVID BAILEY, as His Last Will & Testament In ye sence of us the subscribors
THO. WEEKES jurat
PATRICK BAILEY jurat
No. Carolina March the 29th 1746
THOMAS WEEKS, PATRICK BAILEY two of the subscribing evidences to the withing will appeared before me and made oath on the Holy Evengelists that they were present & saw DAVID BAILEY sign, seal, publish and declare the withing to be & contain his Last Will and Testament and that the said DAVID BAILEY was then and at that time of sound disposing memory and that they also saw JOHN BAILEY the other subscribing ??? sign his name the —at the same time. Then also appeared SIMON BRYANT & JOSEPH BAILEY and took the oath by law appointed to be taken by exts.
ENOCH HALL CJ
Letters iss’d March the 29th 1746
Contributed and transcribed by Judy Merrell Brickhouse
(Transcribed as written, including errors in spelling and grammar.)