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Colony of North Carolina
Tyrrell County
Dated 29th July 1746
In the name of God amen. The 29th of July 1746 I Jacob Davenport of Tyrrell County in the province of North Carolina Planter being sick & weak in body but of perfect mind and memory thanks be given to God for the same therefore calling to mind the mortality of my body and knowing yt it is appointed for all men once to dye do make and ordain this my Last Will & Testament that is say principally & first of all I give & recommend my Soul into the hands of God yt. Gave it me & my body I recommend to the Earth to be buried in decent Christain burial at the discretion of my Executors nothing doubting but at the Genereal Resurection I shall receive the same again by the mighty Power of God as touching such worldy Estate wherewith it hath pleased God to bless me in this life I give demise and dispose of the same in the following manner and form.
Imprimis - I give and bequeath to Rachel my dearly beloved wife, ye use of my Plantation and halfe of the tract of Land joyning there unto during the term of her natural life & if it shall hapen yt ye child with which she now goes shall be a son then after the decease to him ye sd. son his heirs and assigns forever and if it shall hapen to be a daughter then ye sd land to be equally divided between my two daughters after the decease of my wife and as for my stock and house hold goods my will and pleaseure is yt ye same be equally divided between my wife and daughter Anne and ye child with wh. my wife now goes providing it be a daughter and if it prove a son, then that to have as much again as my daughter Anne.
Item - I give and bequeath to my brother William Davenport one halfe of my land including his improvements to be equaly divided between him and my chldren unto him his heirs and assigns forever. And I do hereby constitute make & ordain my brother John Davenport & my brother James Davenport, my sole executors of this my Last will & Testament and I do hereby utterly disallow revoke and disannull, all and every other former Testaments, wills, Legacies and bequeaths and executors by me in any ways before named willed and bequeathed, Ratifying and confirming this and no other to be my Last will and testament in Wittness whereof I have here unto set my hand and seal the day and date first above written.
Jacob (his -x- mark) Davenport
Signed Sealed Published
Pronounced & Declared
by the sd. Jacob Davenport
as his Last will and Testament
in the presence of us the subscribers
Edwd Phelps
John Brown
John (his -x- mark) Davenport
Sept 3 1746
James Devenport was qualified as Executer according to within will in open court
Test Josiah Hart Clerk Court
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1751
It appearing to this court that James Devenport exr. of the last will and testament of Jacob Devenport late of said county deceased, hath had in his hands the orphans of the said deceased and afterwards taken out of the said James possession. It is ordered that the said James take the said orphans into his tuition, he agreeing to learn them to read and giving sufficient security for his performance agreeable to law in such cases made and provided.
Ordered that Rachell Devenport widow and relict of Jacob Davenport deceased do deliver to James Devenport exeutor of the last will and testament of the said deceased Ann Devenport orphan of the said decedent also that Edward Phelps Esqr. do deliver to the said James Devenport Urania? Devenport the other orphan of the said decedent imeidatly on being served with a copy of this order.
June Session 1753
On motion of Charles Read attorney for James Devenport executor of the last will and testament of Jacob Devenport deceased praying an order that thereby he might deliver the estate of the said deceased to Francis Ward, the court thereupon ordered that the said James lay the accounts and vouchers of his exectership before James Turnbull & Giles Long Esqrs. & Evan Jones or any two of them who are appointed auditors to examine and inspect the same and that the said auditors have the power to call any person or persons before them and examine them on oath concerning the said accounts, and to make report thereof to the next court. The auditors appointed make their report that there appears nothing before them to be setld., and the court thereupon orders the order to be dismist and Ward to pay the cost.
March Session 1754
Mr. Francis Ward is appointed guardain of Anne & Lurena Devenport orphan of Jacob Devenport late of this county decd. Ordered that he give security, which according does and enters John Daly and Danl. Garret Senr. in the sum of one hundred pounds Procl. money who are by the court approved & accepted of, and that the said Francis Ward as guardain of the said orphans do take into his hands & possession the estate of the said orphans wherever in this county to be found. Ordered that the clerk prepare the bonds.
December Session 1754
Ordered that James Davenport executor of the last will and testament of Jacob Davenport deceased lay his accounts of his administration upon the estate of the sd. Jacob before this court the next ensuing court & that in default thereof an attachment issue agt. James.
March Session 1755
Ordered that James Davenport executor of the last will and testament of Jacob Davenport late of this county deceased lay his accounts of his administration upon the estate of the said Jacob before this court the next ensowing court & that on default an attachment issue against the said James. Discontinued.
June Session 1755
Ordered that a summon do issue for James Davenport executor of the last will and testament of Jacob Davenport late of this county deceased to lay the accounts of his administration before the next court.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.16), Box 16
Davenport, Jacob, 1754
An account of the estate of Ann & Lurane Devenport as received from James Devenport executor of the last will and testament of Jacob Devenport dated 7 Oct 1754 and proved at March Court 1756.
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