Will of Richard Duty -1794

Last Will of Richard Duty
26^th August 1794
North Carolina State Archives
Box 44. 801. 10

Transcribed by George M. Duty, whose 4th great-grandfather was Richard Duty

In the name of God Amen, I Richard Duty of Granville County and State of North Carolina being weak in body, but of perfect mind and memory, thanks be given to God. Calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die do make and ordain this my last will and testament, that is to say, first of all I give and recommend my soul into the hand of almighty God that gave it, and my body I recommend to the earth, to be buried in a decent manner. Nothing doubting but at the general resurrection I shall receive the same by the almighty power of God, and as touching such worldly estate, wherewith it has pleased God to bless me with, in this life, I give, demise and dispose of the same in the following manner and form; first, I desire that all my lawful debts be paid out of my estate.

Item, I will and desire that my loving wife Elisabeth be maintained out of my estate during her natural life or widowhood.

Item, I will that my estate be equally be divided between my eleven children, George, Richard, Ann, Susanna, Benjamin, Thomas, Jabez, Rachel, Elisabeth, Samuel and Sarah Duty, have not (completed) their part of schooling, that it be done out of my estate. I further will that my land remain in the hands of my Executors until my younger children come of age and then to be sold in the family. I appoint George and Richard Duty Executors of my last will testament and I do hereby utterly disallow, revoke and disannul all and every other former testaments, wills, legacies, bequests and executors by me in any wise before named, willed and bequeathed, ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty sixth day of August, in the year of our Lord, one thousand, seven hundred and ninety four. Signed, sealed, published, pronounced and declared by the said Richard Duty as his last will and testament in the presence of us who in his presence, and in the presence of each other have hereunto subscribed our names.

Robert (x) Sandford Richard (his mark) Duty

John Sandford (Jurist) Seal

Ann Duty

February Term
State of North Carolina
Granville County

The within last Will and Testament of Richard Duty, deceased, was duly proved in open court by the oaths of Robert Sandford and John Sandford, two of the subscribing witnesses thereto and ordered to be recorded which is truly done.

Then came George Duty, an executor therein named and qualified as such.

A. Henderson (clerk)

Note: Although the will was probated in February 1795, the land could not be divided and sold until all the children became 21. The youngest child, Sarah Duty, was age 5 at the time.