In the name of God Amen, I Fedrick DAILEY of the County of Currituck and State of North Carolina being weak in body but of sound mind and memory Thanks be to God for the same as this twentyth ninth day of April in the year of our one thousand eight hundred and nine make and ordain this to be my Last Will and Testament in manor and form as followeth

(1) Item: after paying all my just debts I lend the residue of all my rual personable and parishable estate unto my Wife Rachel DALEY for the term of ten years to make use of and rase support for her self and children and my will and desire is that my aforsaid Wife Rachel DALEY shall keep my two children Lydia and Stephen DALEY and to send the aforsaid Stephen DALEY to school five year in the time of the aforsaid ten years if ???? health will admit without raising any account against my aforsaid children Lydia and Stephen DALEY within the said time of ten years

(2) Item: after the expiration of the aforsaid ten years then I give and bequeath unto my aforesaid Wife Rachel DALEY one third of all my rail estate to she and her heirs in fee simple

(3) Item: after the expiration of the aforsaid time of ten years then I lend unto my Son Stephen DALEY all the remainder of my aforsaid land untall he shall come to the age of twenty one years and after he arives to the age of twenty one then I give and bequeth unto my aforsaid Son Stephen the aforsaid land to him and his heirs forever but if my aforsaid Son Stephen DALEY should desese before he arives to the aforsaid age of twenty one years without lawfull eysue begotten of his body then I lend the aforsaid land unto my Daughter Lydia DALEY untell she shall come to the age of twenty one years and after she arives to the aforsaid age of twenty one years then I give and bequeath unto my aforsaid Daughter Lydia DALEY the aforsaid land to her and her hers for ever but if she shud desese before she arives to the aforsaid age of twenty one years without lawful essue be gotten of her body then I give and bequeath unto my Wife one forth of the aforsaid land I mean of the land that I lent to my two children to she and her heirs forever. And the other three forths of the aforsaid land I lend unto my aforsaid Wife during her natural life and after her desese then I give and bequeath unto my Brother Thomas DALEYs two Sons Enoch and Fredrick the aforsaid three forths of land to be divided between them eaqually sheare and sheare a like to them and there heirs for ever

(4) Item: after the experation of the aforsaid ten years then I lend unto my Daughter Lydia DALEY one negro man by the name of Daniel untill she shall come to the of twenty one years and after she arives to the aforsaid age of twenty one years then I give and bequeath unto my aforsaid Daughter Lydia the aforsaid negro unto she and her heirs forever but if she shud desese before she arives to the aforsaid age of twenty one years without lawfull esue begotten of her body then I lend the use and benefit of the aforsaid negro by the name Daniel unto my Son Stephen DALEY untill he shall come to the age of twenty one years and after he a rives to the age of twenty one then I give and bequeath unto my aforsaid Son Stephen DALEY the aforsaid negro to him and his heirs forever but if he shud desese before he comes to the aforsaid age of twenty one years without lawfull esue begotten of his body then I lend the aforsaid negro unto my Wife Rachel DALEY during her naturel life and after her desese I give the aforsaid negro Daniel unto my Brother Thomas DAILEYs two Sons Enoch and Frederick to them and their heirs forever.

(5) Item: I give and bequath unto my aforsaid Wife Rachel DALEY one third of all my perishable property to she and her heirs forever and the other two thirds I give and bequath unto my two children Lydia and Stephen to be eaquelly divided between them sheere and sheere a like to them and there heirs forever. Lastly of all I also nominate and appoint my Wife Rachel DALEY and Peter BALLENTINE executors to this my Last Will and Testament in witness whereof I have unto set my hand seal the day and date first ritten.
    /s/ Fred DAILY     seal

Signed and delivered in presents of us
    Simon WILSON
    Caleb WILSON  jurat

[Note: No probate date or clerk's name is given in this will. Probate date is from Currituck County Court of Pleas and Quarter Sessions minutes. In minutes, testator's name is "Frederick Dailey" and the witness, Caleb Wilson, is noted as "son of Simon."]

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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© 2003 Marty Holland