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North Carolina
Tyrrell County
Book 1, page 55
3 March 1763
In the name of God amen: The 3d. day of March 1763 I John Duggan of the County of Tyrrel and province of North Carolina Planter being very sick and weak in body but in perfict mind and memory thanks be given unto 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 soul into the hands of God that gave it and my body I recommend to the Earth to be buried in a decent Christain buriel at the duretion 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 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 --- And my Will is that whatever of my Estate that I have not given by Lagices to be eaqually divided amoungst them all except some few things that I intend to give.
Imprimis - I give and bequeath to my well beloved John whome I slao constitute and ordain my Executor certain tract or parcel of land called and known by the name of the Poplar Neck and all the cattell and other creatures known to be his by name and a feather beed ---
Item - I give to my well beloved son William a certain tract or parcel of land lying below the manner plantation known by the name of the level from along flat bottom joining the plantation and downwards and one feather beed with what creatures belongs to him ---
Item - I give to my well beloved son Lanier a certain tract or parcel of land in the Piney woods formerly known by the name of Hases old fields & a parcel of ground lying over the branch above the manner plantation from some part of the sd. Branch to a small branch that makes out of the gum swamp and all the creatures known to be his and a feather beed and a large iron pot and my riding mair and her yearling horse and my best gun and riding sadle and also twenty pounds in money and also adjoyning to that in the pine woods 200 acres of land more to Lanier.
Item - I give my well beloved son Aron my manner plantation with all the land remaining form what the others hath appointed them and to Josiah to be eaqually divided between them and each of them a beed if either of them two should decease having no heir theother to possess the whole of the land and also to each of them twenty pounds in money and if Josiah should die with this descap for the whole in - money that is to say the sixty mentioned to be Linears.
Item - I give to my will beloved son in law William Himan a certain tract or parcel of known by the name of Baleys Island --- and I also appoint William Hymond for ye other Executor.
Item - I give to my well beloved daughter Elizabeth one feather beed and one disk one maire and two young horses and also what cattle are to be found that are my property to be equally divided between she and the three younger girls ---
Item - I give to my well beloved daughter Milicent two gray mairs to be divided See and Ann and to each of the three small girls 2 pewter basons of the best apiece and 5 plates apiece and one young Rone Maire to Rehoda.
And my Will and desire is that each and every of my four sons have an equal rite priviledge of a certain or parcel of land lying on the north side Roanoak River containing one hundred acres in Bartie County and likewise that in case either of my three sons John or William or Aron should decease without heir that my son Lanier shall chuse if her will have the land of the deceased and his land to be eaqually divided amoungst them all and I hereby utterly disallow revoak and disannul all and every orther former Testaments Wills Lagices and Bequests and Executors by me in any ways before named 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 declared by the said John Duggan as his last Will and Testament in the presence of us the subscribers.
John Duggan (Seal)
John Swain
William Hymon
William Hooks
Recorded by Fr. Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
March Session 1763
Personally appeared William Hooks and on his oath saith that he saw John Duggan sign seal pronounce & declare his last will and testament and he at the same time saw John Swain and William Hyman witnesses sign at the same time.
Personally John Duggan appeared and proved the last will and testament of John Duggan deceased and qualified executor by taking the oath according to law.
June Session 1763
William Hayman an executor named in the last will of John Duggan deceased appeared in open court and qualified himself executor of the sd. will of John Duggan deceased by taking the oath appointed by law and at the same time by Jaspr. Charlton his atty. moved deviders may be appointed to devide the said estate persuant to the will it was therefore ordered that John Bennet, Henry Roberson, John Swain and Thomas Reddick or any three of them devide the same and it having appeared to the court that it was the testator intention was Josiah Duggan should be undr the care and tuition of the sd. William Hyman the court do appoint this Wm. Hayman garduin of the said Josiah Duggan he giving security on the sum of two hundred pound starling and at the sd. time order that Rhodia Duggan daughter of the said John Duggan deceased be and remain with the said William Hyman until she can appear and be bound out and that he receive share of the estate also ordered that the perishable part of the estate be sold by the executors before named securities James Gainer, John Linar five hundred pounds.
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