BATEMAN, BENJAMIN

North Carolina
Tyrrell County
Original Will at N. C. Archives
February 8, 1817


I Benjamin Bateman of the county afsd being sick and low in flesh but in perfect sound disposing mind & memory thanks be to almighty God for the same do make and ordain this to be my last will & testament in manner following to wit viz. - -

Item 1. I lend to my beloved wife Nancy Bateman the use of my plantation whereon I now live during her natural life or widdowhood, also one negro woman Dinah & her increase during her natural life, then to return to my two daughters namely Harriott & Joyce. I also lend to my wife one negro fellow by name of Moses during her life or widdowhod. I also give to my wife one man by name of Bett during her natural life, also two cows & calves her choice out of my stock two sows & pigs and eleven dry hogs four ewes and lambs two beds & furniture her china (?) one yoke of oxen & cast (?) my beaufet (?) & furniture as it now stands all the corn now on hand, also twelve hundred pounds of pork or bacon & forty dollars in cash for the purpose of buying (?). My will is that my executors hereafter named should my wife not have as sufficient suport that the should give her any further at their own discretion should it appear that she is not sufficiently provided for her self & family.

Item. I give to my two daughters Harriott & Joyce all my lands to them and their heirs lawfully begotten to be equally divided between them when the arive to the age of twenty one years also five negroes, namely Baily, Hardy, Boyd, Solaman & Mariah. I give after the death or marriage of my sd wife my negro fellow Moses to be equaly divided between my two sd daughters. All the reidue of my sd estate after paying my just debts I wish to be sold at the discretion of my executors and the moneys arising therefrom to be equally divided between my two daughters above named. Should either of my sd daughters die before the come to lawful age or without heirs lawfully begotten then her property to go to the surviving one.

Item. I give and bequeath to Daniel Bateman one negro boy by name of Calvin to him and his heirs forever.

Item. Should my two daughters Harriott & Joyce die before they come to lawful age or have heirs lawfully begotten my will is that my brother Daniel have my lands heretofore given them also from his own note of land for four hundred dollars which I now hold.

Item. Should either of my daughters die before they come to lawful age or have heirs lawfully begotten my will is this negro fellow Moses heretofore given them go to my brother Joseph Bateman him & his heirs forever.

Item. Should my daughters die before they come to lawfull age or have lawful heirs as afsd my will is that my brother Levi have negro boy Boyd.

Item. Should my two daughters die before they come to lawful age or have lawful heirs as afsd, my will is that negro boy Baily, Hardy, Soloman & Mariah go to my wife Nancy Bateman.

I hereby nominate and appoint my brother Daniel Bateman, Snoad B. Carraway & James Ward my lawful executors revoking & disanulling all other wills made heretofore by me but this to be my last will & testament this February 8, 1817.

Benj. Bateman

Signed sealed in presence of us

Aaron Spruill
John Bateman


Tyrrell County April Term 1818
This will was exhibited in open court and proved by Aron Spruill one of the subscribing witnesses thereto who swore that Benjamin Bateman acknowledged his signature to said will & that Jno. Bateman the other witness signed the same in his presence. Test James Hoskins Clk


Minutes
Tyrrell County Court of Pleas & Quarter Sessions


April Session 1818

The last will & testament of Benjn. Bateman was exhibited into open court & proved by the oath of Aron Spruill & filed.

Daniel Bateman & James Wood quallified as executors to the last will & testament of Benjn. Bateman deceased in due form of law.

July Session 1818

Inventory & account sales of the estate of Benjamin Bateman amounting to $980.22 1/2 cents was returned on oath by his executor & filed.

Jno. Bateman one of the subscribing witnesses to the will of Benjamin Bateman ? at the the last term of this county, came into court and made oath that he saw Benjamin Bateman sign & acknowledge said will and that the time of signing said Bateman was of sound & disposing memory.

January Session 1819

An account of sales of the negro hire & rent of land of the estate of Benjn. Bateman was returned to court & filed.

April Session 1820

Daniel Bateman returned in open court on oath an account sales of the hire of negroes & rent of lands for the year 1820 amount $161.11 and filed.

April Session 1821

Daniel Bateman returned in open court on oath an account sales of the rent of land & hire of negroes belonging to the estate of Benjamin Bateman deceased & filed.

January Session 1822

Ordered that Wilson B. Hodges Joh Marriner & Zebulon Tarkenton be appointed to audite & settle the estate of Benjamin Bateman deceased & make report to the next term.

April Session 1822

Daniel Bateman executor of Benjamin Bateman returned in open court on oath account sales of the hire of negroes & rent of lands belonging to the estate of said Benjamin Bateman deceased & filed.

April Session 1823

Account sales of hire of negroes & rent of land belonging to the estate of Benjn. Bateman deceased was returned on oath by Daniel Bateman & filed.

Daniel N. Bateman was appointed guardian to Harriott & Joice Bateman orphans of Benjn. Bateman deceased who entered into bond with approved security ordered that he recieve the estate of said orphans into his possession & account for the same as the law directs (justices present Jerh. H. Phelps Enoch Hassell F. Davenport Jno. Marriner B. W. Halsey & Z. Tarkenton).

July Session 1824

Ordered that Ebenezer Pettigrew, Thomas Old and Wilson B. Hodges and Silas Davenport Esqr. be appointed to audite and settle the estate and accounts between Ben Bateman deceased and his executors and make report to the next term.

July Session 1825

Ordered that Joseph Hallsey, Zebulon Tarkenton and Wilson B. Hodges be appointed auditors to settle the estate of Benjamin Bateman with the executors and make report to the next term.

October Session 1825

Ordered that Wilson B. Hodges John Harrison Silas Davenport Jeremiah Wynne Joseph Hallsey be appointed commissioners to divide the land and personal property of Benjamin Bateman among his heirs at law & distributees, & make return to next term.

July Session 1826

Ordered that Wilson B. Hodges, Zebulon Tarkenton, Joseph Hallsey & James A. Chesson be appointed to audite & settle the estate of Benjamin Bateman deceased with his executors and make report to next term.

July Session 1828

Dempsey S. Godfrey returned the division of the land of Benj. Bateman amonst the heirs & filed and ordered to be registered.


North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.06), Box 6
Bateman, Benjamin, 1819


Bond dated 2 Apr 1823 in the amount of four thousand pounds appointing Daniel N. Bateman guardian of Harriet Bateman & Joice Bateman minor orphans, Zebulon Tarkenton & Joshua Spruill securities.

Petition October Term 1825 by Arthur J. Herbert and wife Harriet saying that Benjamin Bateman died leaving a will and Daniel N. Bateman & James Wood were the executors of his will in in said will he bequeathed his estate to your petitioner Harriet and her sister Joice, reserving a legacy to his wife Nancy, who die intestate shortly after her husband. Daniel N. Bateman & Jas. Wood took out letters of administration on the estate of Nancy. Your petitioner Harriet and her sister Joice are now entitled to the entire personal estate of the testator and his widow Nancy. Request the court appoint commissioners to divide the real and personal estate between your petitioners and Joice Bateman.

Petition October Term 1827 by Arthur J. Herbert and wife Harriet and Dempsey S. Godfrey and wife Joyce who say that Benjamin Bateman died intestate in Tyrrell County leaving a tract of land bounded on the north and east by the lands of Daniel N. Bateman, the lands formerly of John Bateman on the west and the lands of Wilson B. Hodges on the south. The wives of the petitioners, Joyce & Harriet are his heirs at law entitled to the said land as tenants in common and they request that commissioners be appointed to divide said lands. Commissioners appointed were John Haughton, Joseph Halsey, Silas Davenport, Joseph Ansley & Samuel Rogers.

A number of other documents relating to suits for recovery of debt by and against the estate that are of no apparent genealogical value.


Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Benjamin Batman to Ann Ansley on 25 Jan 1809, Hezekiah Spruill security; also Harriet C. Bateman to Arthur J. Herbert on 4 Jun 1825, Daniel N. Bateman security; also Joyce Bateman to Dempsey S. Godfrey on 26 Oct 1826, Arthur J. Herbert & James A. Chesson securities.


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Updated August 30, 2020
Charles W. Barnes