In the name of God amen: I, Joseph Arnold Senr. of Tyrell County in the Province of North Carolina planter being sick and weak of body but of perfect mind and memory thanks be give to Almighty God but calling to mind the immortality of death and knowing that it is appointed for all men once to die. I desire to make and ordain this my last Will and Testament in manner and form following.
First and principally recommend my soul into the hands of God that give it doubting but at the general resurection at the last day to receive the same agian by the mighty power of God hoping through the merits of death and passion of my blessed Savior tohave full and free pardon of all my sins. My body I recommend to the earth to buried at the discretion of my executors hereaftger, and as touching such worldly estat as it hath pleased God to bestow on me in this life I leave dispose and demise in the following form and manner.
Imprimise - My will and desire that all my just debts & funeral expenses be all satisfied and paid.
Item - I lend theuse of sixty five acres of land to my loving wife Morning Arnold during her life which land is bound as follows beginning on the road at a chincapin tree thence ot a marked persimon tree in the field then Westerly to a beach in the back line then easterly to a red oak called hopkins commin tree then nearby Northeast along a line of marked trees, so far as to beposit the head of the ditch then the same course of the ditch to a black gum on the ditch to the swamp then a straight, course to the road then up the road to the first station. Likewise I lend the use of a small piece of land on the North side of the ditch beginning at a mulbery tree running along a row of apple trees until it stretches the swamp then down the swamp to the mouth of the ditch.
Item - I give and bequeath to my loving son William Arnold all that part of my land on the North side of the ditch up as far as Nathan Batemans line on the lower side containing sixty five acres be the same more or less excepting his mothers life time in that small piece of the orchard which is lent to her to him and to his heirs forever.
Item - I give and bequeath to my loving son Joseph Arnold Jur. All my land on the East side of the road on the southward of the line which is left to his morther containing sixty five acres be the same more orless to him & heirs forever.
Item - I give and bequeath to my loving daughter Nancy Arnold one feather bed and furniture one cow and calf forever. I give and bequeath to my loving daughter Prissa one feather bed and furniture one cow and calf to her her heirs forever.
Item - I give and bequeath to my loving son Hesekiah Arnold one cow and calf which is black called Eagle to him and his heirs forever.
Item - I give and bequeath to my loving daughter Mary Spruill one shilling sterling.
Item - I give and bequeath to my loving daughter Sarah Davenport one shilling sterling to her and her heirs forever.
Item - I give and bequeath to my loving son Benjamin Arnold, all that part of my land on the South side of the ditch which is heretofore lent to my wife Mourning Arnold excepting his mothers life time in the said land also I give him my old hunting gun to him and his heirs forever.
Item - I give and bequeath to my loving wife Mornin Arnold all the residue of my estate real and personal that is not heretofore given away during her life then to dispose of as she may think proper.
Lastly - I nominate constitute and appoint my loving wife Morn Arnold and my son William Arnold my whole and sole executors this my last Will and Testament revoking all Wills by me heretofore made retifying and confirming this only to be my last Will and Testament in Testimony whereof I have hereunto set my hand and seal this 9th day of Novem. 1800.
Joseph Arnold (Seal)
Signed Seadl Published and Pronounced
in the presence of
A. Phelps
James Ainsley
Hesekiah Spruill
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1801
The last will and testament of Joseph Arnold deceased was proved in open court by the oath of Capt. Asa Phelps & filed.
Morning Arnold executrix to the last will and testament of Joseph Arnold deceased came into open court and quallified as executrix to the said will.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.05), Box 5
Arnold, Joseph, 1801
Note dated March 1801 acknowledging receipt from Mourning Arnold executrix of the estate of Joseph Arnold deceased of two shillings for carrying the chain to run the land in dispute between Joseph Arnold & Isaac Davenport. Signed by James Spruill.
Bond dated 8 Nov 1808 in the amount of one thousand pounds appointing Benjamin Arnold guardian to Asha Arnold & Amelia Arnold orphans of Joseph Arnold deceased, William Spruill & Josef Phelps securities. {Ashy Arnold on flyleaf.}
Transcriber's Notes:
Tyrrell County marriages bonds show the marriage of Joseph Arnold to Elizabeth Fannen on 22 Dec 1799, Benjamin Spruill security
{Joseph Arnold Junr.}; William Arnold to Ann Smith on 21 Jan 1794, William Bateman security; Sarah Arnold to Nathan Davenport on
3 Apr 1799, Joseph Arnold security; Priscillar Arnold to Nathan Ansley on 29 Apr 1809, Hezekiah Arnold security; Mary Arnold to
Jesse Spruill on 23 Dec 1785, John Giles security; and Asia Arnold to Joseph Ansley on 4 Feb 1809, Benjamin Arnold security.
See the will of Mourning Arnold in 1807.
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