Return to Tyrrell Co Wills Introduction In the name of God amen: The twentey fifth day of March 1780 I Isaac Alexander of the County of Tyrrel Planter being very sick & weak in body but of perfect mind and memory thanks be given unto God therefore caling unto mind the mortality of my body and knowing that it appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all I give and recomend my soul into the hands of God that gave it and my body I recommend to the Earth to be buried in decent Christian burial at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life, I give demise and dispose of the same in the following manner and form -
Imprimus - I give and bequeath to Zilpha Alexander my dearly beloved wife the one third part of all my movable Estate wherever to be found during her natural life with the use of my plantation whereon I now dwell during her widowhood and then to be and remain as after specified -
Item - I give and bequeath to my well beloved son John Alexander the now called Sound Side Plantation for two hundred acres of land as the Sundry Lines round the same will make apear with one good hunting gun -
Item - I give to my well beloved son Joseph Alexander the Black Walnut land being two hundred and twenty acres lying and being on the south side and near the head of Aligator Creek with one good hunting gun and one feather bead.
Item - I give to my well beloved son Abner Alexander one sertain pece of land lying on the south side of the new rode comonly called the wood yard as the Sundry lines round the same will make a pear with one good hunting gun and one feather bead -
Item - I give to my well bloved son Jesse Alexander the plantation and land appertaining to the same whereon I now dwell as the sundry lines round the same will make apear with one good hunting gun and one feather bead and furniture and half a good still my now property with one good cow and calf -
Item - I give to my beloved daughter Mary Alexander one good feather bead and one chest -
Item - I give to beloved daughter Elisabeth Devenport one good feather bead now in her own prossion -
Item - I give to my beloved daughter Ann Alexander one good feather bed and furniture and one cow and calf -
Item - I give to my beloved daughter Sarah Alexander one feather bed and furniture and one cow and calf -
Item - I give to my beloved daughter Jamima Alexander one feather bed and furniture and one cow and calf -
Item - I give to my beloved daughter Zilpha Alexander one feather bed and furniture and one cow and calf -
Item - I give to my beloved daughter Millae Alexander one feather bed and furniture and one cow and calf -
Item - I give to my beloved daughter Clarca Alexander one feather bed and furniture and one cow and calf - and as touching my negroes I dispose of them as follows: one negro girl called Judah to be and remain in the prosision and custody of my beloved wife Zilpha Alexander during her natural life wome I constitute and appoint Executrix with my well beloved son John Alexander wome I constitute and appoint Executor of this my last Will and Testament and as to my other negroes that is now to say - Rose one negro woman Joan and Hestur negroes to remain in the care and custody of my Executor till the year of 1790 and then to be equally or as near as posable devided or proportioned with increase to and among my before mentioned children and the remaining part of my Estate not before left in Legacies or mentioned to be equally devided at my decease excepting my well beloved son Jesse Alexander wome is to have no parte of the said negroes or increase to him I give the still in lieu -
And I do hereby utterly disallow revoke and disanull all and every other former Testament Wills Legacies and bequests and Executors by me in any ways before named and willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament in witness whereof I have hereunto set my hand and seal the day and date above written -
Isaac Alexander (Seal)
Pronounced Signed Sealed and delivered in presents of us.
Test Jos. Alexander
Mathew (his -x- mark) Brickhouse
Levin Rhoads
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
July Session 1780
The last will and testament of Isaac Alexander deceased proved in open court by the oaths of Joseph Alexander Senr. and Mathew Brickhouse subscribing evidences ordered to be recorded.
Zilpha Alexander executrix and John Alexander executor to the last will & testament of Isaac Alexander deceased appeared in open court and qualified agreeable to law.
October Session 1790
Ordered that Capt. John Wynne Joseph Pledger & Seth Phelps or either two of them be appointed to divide the negroes of Isaac Alexander deceased estate agreeable to the said deceased last will & testament and make return to next court.
January Session 1791
John Alexander son of Isaac returns into court a division of the negroes belonging to Isaac Alexander deceased estate and ordered to be filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.02), Box 2
Alexander, Isaac, 1780
Petition April Term 1792 by Hezekiah Davenport administrator of Elizabeth Davenport deceased stating that Isaac Alexander father of the said Elizabeth died in 1780 having made his last will & testament, appointing his son John Alexander and his wife Zilpha Alexander executor and executrix who qualified and took upon themselves the burden of the execution thereof. Isaac left a widow, the said Zilpha and the following children John Joseph Abner Jesse Mary Elizabeth Ann Sarah Jemima Zilpha Millea & Clara and in his will specified that negroes Rose, Joan & Hester were to remain in the care and custody of his executors until the year 1790. This was done and during the period up to 1790 the said negroes had several children, increasing significantly in number. Petitioner further states that he intermarried with Elizabeth one of the daughters and legatees of the said Isaac in 1785 and she died in July 1785 and your petitioner administered upon her estate and is advised that he is entitled as the administrator and representative of the said Elizabeth to an equal share and proportion with the other brothers and sisters in the said negroes. After 1790 he has requested the said executors to lay off his share of said negroes but they refuse. Petitioner prays a subpoena issue to the said John Alexander & Zilpha Alexander to appear in court and state whether they took the said negroes into their possession immediately after the death of the said Isaac, how long they continued in their posession, what they have done with them, whether the said negroes Rose, Joan & Hester respectively had any children, how many during the time in their possession, their names and what has become of them. Request said executors be compelled to lay off to petitioner his proportional interest in said negroes according to the last will and testament of Isaac Alexander.
Answer of Isaac Alexander's executors John Alexander & Zilpha Alexander his mother to the petition of Hezekiah Davenport at the October Term 1792. They show that in October Term 1790 they applied to the court for a division of the negroes in question and a commission was appointed to do so. The court records hold the names, number and valuation of the negroes and their increase. The respondents further show that at the time the will of Isaac Alexander was written, his daughter Elizabeth was married to Stephen Davenport and had two children by said Davenport who are still alive. Elizabeth's first husband, Stephen Davenport died about 1782 and she married Hezekiah Davenport in January 1785 and died in July 1785 without having any children by him. At the time of the division of the negroes and pursuant to the testators will and agreeable to court order, a negro named Sam valued at 75 pounds was allotted to Emilia Alexander and the heirs and representatives of Elizabeth Davenport deceased and said negro was delivered to Zilpha Alexander, guardian of the two children of Stephen & Elizabeth Davenport for the benefit and use of her daughter Amelia and her two grandchildren, the representatives of Stephen & Elizabeth Davenport. Respondents argue that the interest of Elizabeth Davenport in the estate of Isaac Alexander survives to the children of Stephen & Elizabeth Davenport and not to Hezekiah Davenport. Respondents pray that the petition be dismissed.
Execution issued 24 May 1896 against Hezekiah Davenport for four pounds, two shilings and eight pence, court costs in the suit between him and the executors of Isaac Davenport deceased for which he is liable.
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