Curriteck County

In the Name of God Amen I being Sike of y^e Body and in a Weak Condition but of a Sound and perfect Memory and and in my right Sences thanks be to god I make this my last will and Testament Revocking and Disanoling all other Wills or Wills and testament or Testaments by me before made other __ _____d or writings? and this is to Sand [stand] and no Other first I give my Soul to Almighty God that give it in hopes of Salvation through the Merrets of Jesus Christ my only Redemer and Savour in him I trust to be Sav^d and and now for Setling of my worldly Estate After all my Debts that I owe are ____ pay^d and pan^d? and funrall Charges -- first I make Constitute and appoynt my Dear and beloved Wife Hannah NICKOLSON to be my hole and Sole Executrix of this my last Will and testament.

Item  I give and bequath to my oldest Son John NICKOLSON one Hundred and fifty Acers of land being half of the tract of land Where I Dwell with half of the Clear^d Ground with the houses after my Wifes Decease it being the south part of the Said Land to be Equall into two? parts to him and his Heirs Lawfully begotten of his Body for ever but in faloure of Shuch Heirs then to my Son William and to the Heirs of his Body Lawfully begotten in Case he Should dye without Such Heirs then to the Next Survaving Heir at Law.

Item  I give and bequith unto my Son Josias NICKOLSON the Remander of the three hindred acers [says one hundred acres in above item] of Land Where I now Dwell with half of the Clear^d Ground to him and the Heirs of his Body Lawfully Begotten.

Item  I Give and bequith to my oldest John NICKOLSON on [one] Negro man Named Pettir to him and his Heirs y^e Said John to have him at y^e Age of twenty one Years of Age.

Item  I Give and bequeth to my Daughter Cloie NICKOLSON my desk and a large looking Glass at y^e Day of Marage or y^e Age of Eighteen.

Item  I give and bequeth to my Son William NICKOLSON a Negro boy Named Giden to him and his heirs for ever at y^e Death of his mother.

Item  I give all y^e remander of my Estate to my Dear and and [sic] beloved wife Hanah NICKOLSON During her Natrull Life and then to be Equally Devided betwixt my Son William NICKOLSON and my daughter Cloie Share and Share alike to them and their Heirs for ever.                                To y^e other Said [Side]

from y^e other Said [Side]

Item  I give my boat known by the Name of trayall to my Wife to Sell or Haire as Shee Shall See good.

This I Alow to be my last Will and Testament as wittness my hand and Seal this 22 day of January 1749/50..
    /s/ Jos Nic[rest of name too hard to read]

Signed and Sealed befor us
    Benjamin CRABB
    Pachance [her mark] EVRAGE [Patience Etheridge who wrote her will in 1760]
    Alexander FRAQUAIR

   North Carolina }    April County Court 1750
 Currituck County}

Present His Majesties Justices
    These may Certifie that Benjamin CRABB, Pachance EVRAGE, & Alexander FRAQUAIR, Evidences to the within will, appeared in Open Court & made Oath on the holy Evangelists that they were Present & Saw Josias N[smudge] Sign Seal Publish & Declare the within to be & Contain his Last will & Testament, and that the Said Josias NICHOLSON was then & at that time of Sound & Disposing Memory.  Then Also appeared Hannah NICHOLSON as Executrix in Open Court & took the Executors Oath in due form of Law.  Ordered that the Hon^ble Nath^l RICE Secretary of this province have Notice thereof that Letters Testamentory Issue thereon as the Law Directs.
    Test  Richard McCLURE Clk. Cur^t

[On the back of this will is written: Josiah NICHOLSON Will; Letters Is^d the 21 May 1750; 11 Copy Sheets]

[Source: North Carolina State Archives - MARS ID: 12.96.1.1595 (folder)]

This will was contributed by Kay Midgett Sheppard. 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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© 2006 Kay Midgett Sheppard