PEQUIMONS IN NORTH CAROLINA:
I, Caleb Callaway, being Sick And weak of body, butt, through the marcy of the Lord, in Sound and perfect mind And memory, And Considering ye Certainty of Death and not Knowing the time it may pleas him to take mee hence, Doe make and Ordayne this my Last will and testament, first revoking All former will or wills by mee made, Doe Ordayne this only to Stand & remaine As my Last will And Testament As follows:
Itm. I Give and bequeath Unto my Son, Josua Callaway, the first Child that Shall bee hereafter borne by my negrow girle named Ruth, (wch negrow Girle is wth my Daughter, Rachell, And her husband, John Wiatt) that Lives to bee two years and Half, and the Sd mother being to nurse the Sd Child tell it is Come to that Age, & then to bee Delivered to my Sd. Son, Josua, or his assins, by John Wiatt.
tt. I allso give to my afore Sd. Son, Josua, All my Coopers tools.
It. I Give Unto my Grand Daughter, Eliz: Wiatt, the Daughter of John Wiatt, when Shee Come to Age, Or Att the Day of marriage, her Choyse of Any one of the rest of the Children that shall bee born one my afore Sd. negrow Girle, Named Ruth. I allso give to my Sd. Grand Daughter, the first mare fould that Either of my two mare brings, to run for her Use and to bee in her Fathers Custody. And In Case Any of the Increas of the Sd mare fould Shall Grow Up fitt for saile, my will is that my Son in Law, John Wiatt, Shall have liberty to Sell the Same for Good Housold Stuf, for my More Sd. Grand Child Use.
It. It is my will that my aforeSd. negrow Girle named Ruth, bee and remain wth my Daughter, Rachell, and her Husband John Wiatt, for & During theer naturall Lifes, And yt they Shall Have ye whole profit of hir Labour, and After theare Deces, then if the Sd negrow Girle Shall bring more Children then is before Given, then Shee and Those Children to bee Equally Devided Among Such other Children as shall bee beegat hereafter one my aforeSd Daughter, Rachell, by her Husband John Wiatt.
It. I Give to my Loving wife, Elizabeth, if Shee stands to this my will, All my Stock of sheep and one mare, And Hors, her Choyse out of my stock of Horses.
It. I Give to my Son, Josua Callaway, one full third partt of All the rest of my Personal Estate yt remains, besides wt is already Given. It is also my will yt in Case my Son Josua, will him Self in p’son Come And Live One my Plantation in Yawpim Creek, that he Shall now forth wth have ye one Half of Cleare ground, and half ye Barn, & Half ye Benefitt of ye Orchard, butt in Case yt my Son Dus nott Come himself, then he Shall nott putt a tennat theare During his mothers Widowhood.
It. The Other Half of my Plantation, wth All the rest of the Houses thereon, & Half the Orchard, I appoynt And Hereby Ordr. that my Afore Sd wife, Eliz:, Shall have the Use of During her widowhood; butt in Case yt my Sd wife Shall marry a Husband, then it is my will yt my Plantation bee Indeferantly Devided into three parts, my Sd wife to Choos one third part During her naturall Life, And my Son forthwth to Enter on the other two Third parts.
It. I Allso hereby Apoynt yt ye other two third parts of my Personal Estate not Already Given, Shall bee and remain in the hands of my Sd Lo: wife, Eliz:, So long as Shee remains a widow, butt in Case Shee marries a Husband, then my will is yt my Son, Josua Callaway, Shall Have one third part of those two Thirds in her Hands. And in Case that my Sd wife Shall Die a widow, Soe yt the two thirds of my Sd personall Estate lies in her Hands Dureing her naturall life, then my will is yt those two thirds of my Estate in my Sd wifes possesion Att her death, Shall bee my Son Josua Callaways, And his Heys: for Ever, together wth all my reall Estate of Lands, Houses &:
It. I Do Appoynt my Son, Josua Callaway, my Sole Exec- utors of this my Last will and testament, hereby requiring him to See All my Just Debts in the first place Satisfied Oute of my Estate. In Confermacion of wch, I have here Unto Sett my hand And Seale, this 10 Day of Jun., Ano:, 1706.
CALEB SALLO WAY. (Seal)
Sealed & Delivered in presents of:
THOMAS LONG I his mark.
ANTHONY A WHERRY. his mark
parte Enterlined by me, Caleb Salloway.
Memd. added: It tis my will that my Daughter, Elizabeth, have a yong Cow delivered to her Father, for my grandaughter owne estate, and her Father to have the same Liberty to dispose of the Increas of the Cow, as of the mairs Colt.
As witness my hand, this 13 day of June, 1706.
Proved in Court by the Oaths of Thomas Long & Anthony Wherry.
This 13th Day of July, Anno Dom. 1706. Test. THO: SNODEN, Cl. Cur.
Copied from Original Will, filed in the Office of the Secretary of State.
Contributed by Nola Duffy