Category: Wills and Estate Records

BENJAMIN BURNHAM (1762 Will)

Will of

Benjamin Burnham

In the name of God Amen, e/y (the) 17 day of May in e/y year of our Lord, 1762, I Benjamin Burnham, of e/y County of Pasqt. in e/y Province of North Carolina, being sick and weak in body but in perfect mind and memory, I do make and ordain this my last will and testament t/y (that ) is to say princepaley, and first of all, I give and recommend my soul into e/y hands of God that gave it and as for my body, I recommend to e/y earth to be decently buried and as touching such worldly Estate wherewith it has pleased God to bless me with in this life I give, devise, and dispose of e/y same in manner and form following, t/y is to say.:

Item : I give to my son Gabriel the West End of my Plantation to a division already made by a fence containing 100 acres.

Item : I give to my son Benjamin and his heirs forever the East End of my plantation to a division already made by a fence containing 150 acres.

Item : I give e/y use of my negro boy James and my negro garl named Sally to my beloved wife Mary Burnham during her natural life & my horse named Pall. and my mare named bonny and e/y and the side saddle and bridle and my cattle and hogs.

Item : I give to my son Thomas my negro garl named Sally after her Mothers decease.

Item : I give to my son Isaac my negro boy named James after his Mothers decease.

Item : I give to my daughter Ann my negro boy named William.

Item : I give to my daughter Mary my negro woman named Diane and my desk..

I do hereby make constitute and ordain my wife Mary Burnham, and my son Gabriel Burnham, my whole and sole Executors of this my last will and Testament. and I do hereby uterly disalow, revoke, and disanull all and every other former wills and ?? and Excutors by me in any ways before, this ratifying and conforming this and no other to be my last will and testament, in witness whereof I have hereunto set my hand and seal e/y day above written.

Signed, Sealed, published, pronounced, and declare, by e/y sd. Benjamin Burnham as his last will and testament in e/y presents of us e/y subscribers.

Signed : Benjamin Burnham

John Jones

Thomas Seals

Nehemiah Jones

Contributed and transcribed by Vera Burnham

 

GEORGE BALLENTINE (1723 Will)

Will of George Ballentine

14 January 1723

Georg Ballintine being Sick weak in body butt Sound and perfect in Mind and Memory Makes his Last Will and Testament. First I Give and bequeath my body to the Earth from whence itt was taken hoping my Soule will Return unto God Who Gave itt.

Then I Give and bequeath to my wife Dinagh my now dwelling house plantation and tract of Land thereunto belonging and all my personall Estate Making her My Executrix acknowleging and Accepting of Same I Witness My hand and Seale this 14 Day of January 1723.

Georg Ballintine [his mark]

Test:

Aaron Oliver

Alexander Ballintine [his mark]

Elinor Hertford [her mark]

Contributed and transcribed by Mary Maarbjerg

 

MATTHEW CLUFF (1845 Will)

The Will of

MATTHEW CLUFF

1845

In the name of God, amen.

I Matthew Cluff do make and ordain this my last will and testament. I give to George Musgrave snr the house wherein same lives and the lot on which it is situated to George Musgrave junr to him and his heirs. I give all the rest and remainder of my estate of every kind to Thomas Allen and appoint him my executor to this my last will and testament.

Matthew (X) Cluff
his mark

In presence of

C.R. Kinney
W.B. Allen
Wm Messenger

The codicil of the Will of Matthew Cluff made to the forgoing will Item I give to William Allen all the profits that have been made in the store during the time he has been my agent or clerk

Matthew (X) Cluff
his mark
C.R. Kinney
Wm Messenger

To George Musgrave Sr

George Musgrave Jr
James C. Scott and wife Margaret

You are hereby notified that at the next term of the Court of Pleas and Quarter Sessions to be holden for the County of Pasquotank on the 1st Monday of June next the Will of Matthew Cluff will be offered for probate.
May 27th 1845
Thos Allen
for C.R. Kinney Sol.

It appearing to the court that notice was given by Thomas Allen Executor of the Will if Matthew Cluff to George Musgrave Sen, George Musgrave Jun and James C. Scott and wife Margaret to appear at this term of the court and approve the probate of said will of Matthew Cluff and they having declined to approve the probate of said will the same was duly proved by the oath of C.R. Kinney and William Messenger in due form and ordered to be executed.

Note by Emily Randall: 

Her sister observed in a letter that Annie Mae Cluff Scott Vaughan did not care for “her Cluff cousins or use the Cluff name.” This will, which practically cut her grandfather’s family off from the considerable fortune of one of Elizabeth City’s leading merchants, probably explains why. There is also the fact that Matthew Cluff was a slaveholder. I have not been able to prove the exact relationship between Matthew Cluff and George Musgrave. Cluffs are as common as Musgraves around Trillick, the town from which George Musgrave emigrated in 1818. Matthew Cluff himself arrived in Norfolk, Va. in 1807. The Kilskeery, County Tyrone, Church of Ireland parish marriage record, unfortunately does not extend to marriages before 1778 and there is no record of a Cluff/Musgrave marriage after that date.

 Contributed by Emily Randall

 

BENJAMIN BUNDY (1728 Will)

The Will of

BENJAMIN BUNDY

IN THE NAME OF GOD AMEN, the fift day of october, one thousand, Seven hundred and twenty Eight. Benjamen Bundy, of pascuotank, in the province of North Carolina, being Sick in body, but of Good and perfect memory; thanks be to Allmity God; And Calling to remembrance the uncertenty of this transitory Life, and that all flesh must yeld unto death when it Shall plese God to Call, Do make, Constitute, odain and declare this, my Last will and testament, manner and form following, Rovoking and adnulling by thes presents all and Every testament and testaments, Will and wills, heretofore by me made and declared, Eigher by ward or writing, and this to be taken only for my Last will and testament, and none other, I Do Gieve and dispose the Same in manner and form following: that is to Say,

First, I Will that all those debt and dues as I owe in Right or Conscience, to any manner of person or persons What So Ever, Shall be well and truly Contented and paid, within Convenient time after my decese, by my Executors hereafter named.

Item. I Give and bequeve in witness unto my Loving wife, Hannah Bundy, the plantation whereon I now Lieve, together with a tract of Land Containing two hundred Eakers adioyning unto my Sd. plantation, during her naterell Life: and in Case my wife, hannah, die without Ishue begotten by my own body, then I will and bequeive the Said Land unto my Loving brother, Samuell Bundy, to him his heirs and assigns for Ever.

Item. I give and bequieve unto my Loving brother, Samuel Bundy, a certain tract of land Sirvaid by William Norris, Sinaor, Liing in Griffens Swamp, to him his heirs and assigns for Ever.

Item. I gieve and bequieve to my Sd. brother, Samll, one negro named torn, to him his heirs & assigns for Ever; and allso one young horse; and furthermore, in Case my wife Should marry After my decese, then I will and bequieve to my Sd. brother, Samll., one feather bed and furniture.

Item. After the decese of my now wife, I give and bequieve my negro Jack, unto my Sd. brother, Samll, him his heirs for Ever.

Item. I gieve and bequieve unto my Loving wife all my personable Estate, both goods and Chattles, that Came to me by her; and the Rest of my personible Estate att the decese of my Sd. wife, to go to my Sd. brother Samll., his heir or Assigns.

Item. I Except onn mare Coalt for my Cosen, Mary Ions.

Item. I gieve and beqeieve Unto my loveing Brother, Samill, all my Right and title to a tract of land Survaed by me and Tho.m Jesup, Lieing in griffens Swamp, To him, hie heirs or assigns for Ever.

Item. i do appoint my Loving wife, hannah bundy, and my brother, Samll. Bundy, my Sole Executors.

In wittness I have here Set my Seal.
                                                                                           the
                                                                                  BENN ± BUNDY. (Seal)
                                                                                        mark of

Signed Sealed and delivered In
the presents of Us:
ZACHARIAH FIELD
THOMAS WOODLEY
         the
JOHN X PHITT
      mark of

No. CAROLINA, SS. Octbr 26th,
1728.

Thomas Woodley & John Phitt, Two of the Evidences to the aforewritten will came before me & made Oath on the holy Evangelists, that they Saw Benjamen Bundy, decd., seal & Execute the same as his last will & Testamt., he then being of perfect mind & Memory.
GALE, C. J:

 

Contributed by Nola Duffy

Copied from Original Will filed in the Office of the Secretary of State.

Source: NC Wills & Inventories – Grimes