Source: NC
Wills & Inventories - Grimes
Written: 1767
IN THE NAME OF GOD AMEN. I, John Paine, of Wilmington, in the Province
of North Carolina, Merchant, being sick and weak in Body, but of sound
and disposing Mind, Memory and understanding, Do make, publish and
declare this my Last will and Testament, in manner following, That is
to say,
First, I recommend my soul to God who gave it and my Body I desire may
be decently Buried at the discretion of my Executors herein after named.
Item, I will, Order and direct that all my Just Debts and Funeral
Expences may be paid by my Executors herein after named, so Soon as
Conveniently may be after my decease. Item, I Will, order & Direct
that all my real Estate, Lands and Tenements be Sold by my Executors
herein after named, if they shall think proper to sell & dispose of
the same; And I do hereby Impower them in Case of sale, to give good
and sufficient Titles in Law for the same to the purchaser or
purchasers.
Item, I Give devise & Bequeath all my Estate whatsoever and
wheresoever, unto my Loving wife, Catharine Paine; To my loving
Daughter, Catharine Musgrove Paine, and to the Child or Children that
my wife now goes with to be equaly divided between them, share and
share alike, and to their heirs and assigns for ever; my Childrens
Portions to be paid to them by my Executors when they respectively
attain the age of Eighteen ------- years or day of Marriage which shall
first happen; And if Either of my Children die before they Attain the
age of Eighteen years or day of Marriage then, and in that Case, I
give, devise and Bequeath the same to my sd. wife, Catharine, to the
survivor or survivors of them, and their heirs & assigns; and in
Case all my Children die, then I give, Devise & Bequeath all my
Estate to my loving wife, Catharine, and her heirs forever.
And whereas there is a Legacy of Nine hundred pounds, South Carolina
Currency, directed & ordered to be by me
paid, (by the Last will & Testament of my Mother, Mary Brewton,
Deed.), to the Children of my Sister, Elizabeth Arthur, wife of Francis
Arthur, now in Georgia, I do therefore hereby Will, order and direct
that my Executors after named, Do pay or cause to be paid unto the said
Children of my Sister Elizabeth Arthur, in Georgia, the said Legacy of
nine hundred pounds, South Carolina Currency; together with lawfull
Interest for the same till paid, and that the same be paid them so soon
as may be after my decease.
Item, I Will, order & direct that my Executors herein after named,
within three years after my decease, or sooner if convenient, Do pay
into the hands of the church Wardens of every county in this Province,
thirteen pounds, proc. money, to be by them distributed amongst the
poor Inhabitants of the said several & respective Counties.
Lastly, I appoint, constitute & nominate my Loving Wife, Catherine,
Executrix of this my last will and Testament during the time she
remains my Widow; and I direct that she may have the Tuition &
Guardianship of my Children, But in case she marry, then, I nominate,
constitute & appoint my good Friends, Maurice Moore & William
Hill, Executors of this my last Will & Testament, and desire they
may take possession of my Childrens Estate if they think proper. And I
do hereby Revocke all former & other wills by me at any time
heretofore made, and declare this Only to be & Contain my last Will
and Testament.
In Witness whereof, I have hereunto set my hand & seal at
Wilmington, this ninth day of January, in the year of our Lord one
thousand Seven hundred & Sixty Seven.
JOHN PAINE. (Seal)
Signed, sealed, published, pronounced & declared by the Testator,
to be, and contain his last will and Testament, In presence of us, who
in his presence, and at his request, Subscribed our names as witnesses
thereto at the same time, (the words, my wife Catharine, being first
interlined)
MARY SNOW
ANN MOUAT
WILL MOUAT
The within last Will and Testament of John Paine was proved before Me,
this day, by the Oath of Ann Mouat, one of the subscribing Witnesses
thereto, who deposed that She saw the Testator sign, seal, publish and
declare the same to be and contain his last Will and Testament and that
at the Time thereof he was of sound disposing Mind and Memory.
Catherine Paine, the Executrix therein named, Qualified as such
agreeable to Law. Letters Testamentary have therefore issued
Accordingly.
Wm. TRYON.
Brunswick, the 14th. March, 1767.
