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North Carolina
Tyrrell County
Book 1, page 40
Dated 11 March 1766
In the name of God amen: The eleventh day of March one thousand seven hundred and sixty six I John Cherry of the County of Tyrrel and province of North Carolina Planter being very sick and weak in body but of perfect mind and memory Thanks be given to God therefore calling to 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 douls into hands of Allmighty God that gave it nothing doubting but at the General Resurrection I shall receive the same by the mighty power of God and my body I recommend to the Earth to be buried in a decent Christain buriel at the durection of my Executors hereinafter named and as touching such worley Estate where with it hath pleased God to bless me in this life I give demise and dispose of the same in the following manner and form ---
Item - I give to my beloved wife Mary Cherrey whome I ordain my sole Executrix of this my last Will and Testament all my goods and chattells and moveable affects within and without I till her decease and after her decease to be eaqually divided between three of my children Viz: Elizabeth Martha And Jesse. I also give to my son Daniel Cherry my plantation whereon I now do live with land therto belonging I also give to my son John Cherry plantation on Buck Branch and the land thereto belonging and I do hereby utterly disallow disannul and revoak all and every other Testament Wills Legacies bequests and Executors before names Willed and bequeathed ratifiing 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 year first written.
John (his -x- mark) Cherry
Signed sealed published pronounced and
Declared by the said John Cherry as his
last Will and Testament in the presence of
us the subscribers
John Bennet Jurt.
William Ward
Ruth (her -x- mark) Eastward
Recorded by Fr. Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1766
Personally appeared John Bennet Esqr. and on his oath proved the last will and testament of John Cherry deceased & saith that he was of sound mind and memory & that he saw William Ward and Ruth Eastward sign at the same time as witnesses ordered filed.
Mary Cherry exhibited the inventory of John Cherry deceased and proved the same on her oath ordered filed.
Personally appeared Mary Cherry and qualified executrix of the last will and testament by taking the oath according to law also ordered that she sell the perishable estate to pay the debts of the said John Cherry.
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