In the name of God Amen, I Malachi CAPPS of the State of North Carolina and County of Currituck, being sick and weak in bodyly health, but of perfect mind and memory Thanks be to God for it, calling unto mind the mortality of men and knowing its appointed unto all men once to die and after death to judgement. Do make and ordain this my Last Will and Testament, first of all I give my soul to the Lord who gave it and my body to be burried in a christian like manner by my executors and as touching of my worldly estate I give it in manner and form as follows Viz.

Item I give and bequeath to my four children namely Julian CAPPS, Tally CAPPS, Isaiah CAPPS, and Salley CAPPS all of my estate to be equally divided amongst them by first selling of it and dividing the money arising therefrom after my lawful debts being paid by my executor from the amount of sale and if either of the before mentioned children should die under age or any number of them for that or their share of the before mentioned estate to go to them that survive die,

I also constitute and appoint my friend Malachi JONES my hole and sole executor to this my Last Will and Testament in witness whereof I have caused my seal to be affixed and assigned the above this fourth day of October 1803.
    /s/ Malachi [his mark] CAPPS     seal

signed sealed in the presence of us
M. JONES     jurat
Andrew BRAY

Recorded and examined the 22 day of Dec. Anno Dom 1803

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!

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© 2002 Marty Holland