Category: Wills and Estate Records

The Last Will and Testament of

MALACHI SMITHSON

1834

State of North Carolina 

Pasquotank County          

In the name of god Amen, I Malachi Smithson of the County & State aforesaid being at this time low in health yet of a sound disposing mind & memory thanks be unto god for the same but calling to mind the mortality of my body, knowing it is appointed for all men once to die and the time uncertain do make and ordain this my Last Will and Testament in manner and form following–

To wit) First my will is that all my just debts and funeral expenses be paid in due time by my Exrs. hereafter named

2nd I leave the use of all the land beginning at a certain ditch at the main road near the corner of the apple orchard and thence running down said ditch a straight line untill it reaches the land belonging to the heirs of John B. Perry’s thence running down the line of marked trees to the corner of Capt. Thos. Miller’s land thence down the line between me and said Miller to the main road thence down said road to the first station to my Dear and Loving wife during her natural life .

Item I leave the use of the mare which I had of Joshua Wood and the ox and horse cart & oxen , and eight shoats & the Charles Brite sow and pigs, and one cow by the name of smut and the Reuben Overman heiffer, and six head of sheep say three weathers or Rams and three ewes. Also two feather beds and furniture the one in the shed room and the one in the hall room, likewise the desk & all the tables & one chest in the shed room, all the chairs in both houses, all the flax, wool, and cotton on hand, all the kitchen furniture, the riding chair and buffet, I give to my wife. And also in stead of having a years provisions layed off my will is that my wife & family shall have Fifty barrels of corn, and fifteen hundred weight of pork and bacon, and all the lard on hand and twelve bushels of old wheat & all the wheat growing on the said piece of land which I have left her. All the fodder on hand.  Also I leave the use of girl Bithey unto my wife during her natural life, Likewise I leave the use of the piece of land on the North side of the line Ditch between my wife’s and Charles That is cleared to my wife untill my son Charles arives to the age of twenty one years. Also I give unto my wife two linen wheels and one woolen wheel and one loom & harness. And three axes & one hoe & three ploughs & two pair of traces and six cle????? and one ox chain. Also my will is that my wife shall have the use of the lot Crik & stables, with the exception of the one nearest the road which I reserve for the use of my son Charles to be removed at his option after he shall come of age

3rd  I give and bequeath to my son George a certain piece of land on the southside of a ditch begining at the main road thence running down the sd Ditch (it being my leading Ditch) to a branch thence down sd branch to the river swamp thence through the said swamp to the river run thence down sd run to Thos. Miller’s line thence down said line to the main road thence down said road to the said Ditch or first station. Also my will is that my son George shall have the piece of land which I have left my wife on the South side of the sd leading ditch east of the main road after her decease, Also I give and bequeath unto my son George a certain horse known by the name of Sip and the bridle & saddle and one feather bed & furniture being the Trunel bed.

4th I give and bequeath to my son Reuben a certain piece of land on the North side of the piece which I have left to my wife & son George, Begining at my leading Ditch near a certain pine and running from thence down a Ditch to the land be longing to the heirs of John B. Perry’s Decd thence down the line between me and said heirs untill it comes to the dividing line thence down said line to the 1st Station

4th (transcriber’s note–This begins page 3 so I suppose it is a continuation of 4th item) I give and bequeath to my son Charles all the rest of my land on George’s line to the middle of the Ditch laying Westward from Reuben’s and Northwards from George’s binding on the Riddick land formerly so called and John B. Perry’s heirs, Also one feather bed & furniture up stairs with the largest stand and one two year old heifer. Likewise my willis that my Exrs. shall pay to my son Charles at the expiration of two years the sum of Fifty Dollars for the purpose of purchasing a horse, and my longhand gun. I give and bequeath unto my Daughter Sarah the bed & furniture in the Eastward shed room, one new linen wheel, one yearling which I had of Reuben Smithson and should the said yearling be dead my will is that she shall have the one that belongs to the cow we milk, my will is that Negro man Stephen shall be hired out two years by my Exrs. to go to the estate, and that after two years he be sold and the amount thereof be equally divided between my three daughters if not required in the settlement of my estate, Likewise girl Bithy after my wife’s decease to be sold at private sale and the amount thereof to be Equally divided between my Son Reuben and George and Charles & Daughter Sarah and increase Likewise, my will is that all the rest and residue of my Estate not bequeathed  or given away to be sold on a credit of six months by my Exrs. and should there be any surplus after paying my just Debts to be Equally divided between my three daughters & Son Reuben .

Also my will is that after the death of my wife the property be sold which I have left her and the proceeds thereof to be equally Divided between my three Daughters & son Reuben. I hereby nominate constitute and appoint my son George to be my sole Executor to this my Last Will and Testament, revoking all other and former wills by me at any time made, in witness whereunto I the said Malachi Smithson heve hereunto set my hand & Seal January 23rd 1834.

                                                                      Mal Smithson   {Seal}

Signd. seald. and acknowledgd }

in the presence of us                 }           

Doctrine R. Perry

Thos. Miller   

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No probate date given.

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