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Colony of North Carolina
Tyrrell County
Dated 24 December 1772
In the name of God Amen the 24th day of December 1772 I John Butler of the county of Tyrrel Farmer being weak in body but of perfect mind and memory thanks be given unto God therefore calling unto mind the mortality of my body and knowing that it is 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 recommend my soul into the hands of Almighty God that give it and my body I recommend to the earth to be buried in decent Christian burial at the dexcretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty powers of God and as touching such worldly Estate wherewith it hath pleased almighty God to bless me in this life I give demise and despose of the same in the following manner and form.
Imprimis, I lend unto my dearly beloved wife five negroes Viz: Jack Zepero Nan Mezeen and Mark with this plantation we now live on with the horses hoggs and cattle and all the house hold furniture, in case there should be any money it must be divided equally, my wife William John & James Butler: I lend I say to my dearly beloved wife Elizabeth all the aforesaid articles dureing her widowood.
Item, I give to my son William Butler the plantation he now lives on and fifty pounds prock money to leved out of my estate and four Cowes & Calves or the value thereof to him and his lawfull heirs forever.
Item, I give unto my son John Butler six negroes, Viz: Jack, Zeperah Rose Ben. Bristo and Dick after the death or marage of my wife Elizabeth, to him and his lawful heirs forever.
Item, I give unto my son James Butler the plantation he now lives on lying on Turkey Swamp on the south side and the P. Swamp containing three hundred acres of land more or less to him and his lawfull heirs forever. I likewise give to my son James Butler four negroes Viz: Dinah, Mark, Little Jack and Nan with one still one desk and ten pounds prock money after the decease of my wife Elizabeth or marrage to him and his heirs forever.
Item, I give unto my daughter Phereby McHenry the manner plantation or the land I now live on dureing her naturall life after the decease or marrage of my wife Elizabeth then to my two grand daughter Sarah Ann McHenry and Susanna McHenry: I likewise give to my grand daughter Wineford McHenry one negro garl named Merees, to her and her heirs forever all to be used: in mater and form as before mentioned at the decease or marrage of my wife Elizabeth.
Item - I give to my grandson James Butler Cherry the son of Martha Cherry a piece of land joyning the gum log and from the gum log up to Wheatleys old field. I likewise give unto sd James Cherry the son of Martha Cherry two negroes Viz: one garl named Charity one boy named Nedo the son of Negro Nann. I give it to hime to be used at the years of twenty one in matter and form as before mentioned. I give unto sd James Cherry one feather bead and bedstead four basones Two dishes and six plates one iron pott in case he should die without a lawfull heir it must return to John and James Butler my two sons to be equally divided between them.
Item - I give unto my grandson James Gainer the son of Arther Gainer and Sarah his wife one hundred acres of land for the flag branch up to the head line joynng to his fathers land, likewise one negro boy names Tom to him and his heirs forever if in case he should die without heirs to return to John and James Butler left in manner and form as before mentioned.
Item - I give unto my daughter Mary Leggett twenty pounds prock money to be levied out of my Estate to be paid unto her and her heirs forever.
Item - I give unto my grand daughter Elizibeth Cherry daughter of Arther Gainer and Sarah his wife one negro boy named Isaac, also one feather bead and furniture or forty shillings prock, to be used in matter and form as before mentioned to her and her lawfull heirs forever.
Item - I give unto my daughter Eliza Johnson ten shillings sterling to be levied out of my Estate.
Item - I will and desire that after my deceas and my wife that all the residue of my Estate may be equally divided among my four children Viz: Wm John & James Butler and Phereby McHenry the wife of George Augustus McHenry to them and their heirs forever.
Item - I give unto my two grandson Simon Butler the son of John Bulter and John Butler the son of James Butler a tract of land or plantation lying the north side of Trenten Creek containing 640 acres formerly known by the name of Joseph Messers Land to them and their heirs forever.
Item - I give unto my son James Butler the land whereon Mary Cage now liveth to him and his heirs forever.
I likewise nominate and appoint my loving wife Elizebeth Butler and my two sons John Butler and James Butler my sole Executrix and Executors of this my Last will and Testament revoking and making void all other former wills Lagacies formerly by me made ratifying and confirming this and no other to be my Last will and Testament In witness whereof I have hereunto set my hand seal the day and date first above mentioned.
John (his ++ mark) Butler
Signed Sealed pronounced and declared by
the sd. John Butler to be his Last Will and
Testament in presence of us
Edmun Andrews
John Whitehurst
Solo Wilson
Be it known to all men by these presents that I John Butler Senr. of the county of Tyrrell planter have made and declared my last will and Testament in writing bearing date the 24th day of December 1772. I the said John Butler by this present codicil do ratify and comfirm by sd. Last will and Testament and do give and bequeath unto my Grandson Andrew Butler the son of James Butler the Herring gut land from the gum logg branch down to the river. I do likewise revoke the Bedd and furniture which I give to my grand daughter Elizabeth Cherry mentioned in my will. I give to my daughter Pherebe McHenry one Bedd and furniture which I now lay on after me and my wife and my will and meaning is this Codicil or schedule be adjudged to be a part and parl. of my last will and testament and that all things therein mentioned and contained faithfully and truly performed and as fully and amply in every respect as if the same were so declared and sett down in my Last will and Testament. Witness my hand this sixth day of March 1773.
John (his ++ mark) Butler
Jacob Morriss
Solo Wilson
The within last Will and Testament of John Butler deceased and the Codical then to annexed was proved before me this fourteeth day of October 1773 by the oaths of Edmund Andrews and John Whitehurst two of the subscribing witnesses to the said Will and Jacob Morris one of the subscribing witnesses to the said Codicil who sevorally and whom for the others swore that they were present and did see the said Testator sign seal publish and declare the same to be and contain his last Will and Testament with his codicil thereto annexed and that at the several times of excecuting his said will and codicil he was of sound and disposing mind and memory and John and James Butler the Executors therein named having taken the oaths and qualified as the Law directs. It is ordered that letters Testamentary issue thereon accordingly.
W. Martin
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