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State of North Carolina
Tyrrell County
Book 1, page 146
Dated 13 October 1782
In the name of God amen: I William Davenport of the County of Tyrrell in the State of North Carolina being of a sound memory praised be to Almighty God for the same but calling to mind the uncertainty of death and knowing it is appointed for all men once to die, make this my last Will and Testament in manner and form following. First and principally I do give and bequeath my soul into the hands of God that gave it hoping through the merits of Jesus Christ my Redeemer to receive the same at the General Resurrection of the dead, and full pardon for all my sins committed, and my body to the Earth from whence it was taken to be buried in a Christian like manner at the discretion of my Executors hereafter mentioned, and as for what worldly goods it hath pleased God to bestow on me I dispose of as followeth. Secondly after all my just debts which of right I owe and stand justly indebted to any person or persons whatsoever.
Item - I lend to my well beloved wife Elizabeth Davenport the Plantation whereon I now live and the land belonging thereunto as far, as a line of marked trees marked from the Deep Swamp to the Branch that parts the hoop pole thickets marked with three notches on each side thence the course of said Branch to the back line. I likewise lend to my wife Elizabeth Davenport the use of two negroe men one named Ned and one named Duke and likewise all my stock or Horses Sheep and Hogs, and all my household furniture to her use as long as she remains my widow or till death.
Item- I give and bequeath to my eldest son James Davenport all the West end of that tract of land which I now live on joining the deep swamp as far as the line of Mark'd trees which is marked from the deep swamp to the branch that part the hoop pole thickets marked with three notches on each side thence the course of the said branch to the back line all to the West side of said line and the Branch if he thinks fit to live on it to him and his heirs lawfully begotten of his body, and if he dies without such heir to my son Daniel Davenport and his heirs lawfully begotten of his body and if he dies without such heir to my son David Davenport and his heirs lawfully begotten of his body forever. I likewise give and bequeath unto my son James Davenport after the death of my said wife Elizabeth Davenport one negroe man named Ned to him and his heirs lawfully begotten of his body and if he dies without such heir to my son Daniel Davenport and his heirs lawfully begotten of his body and if he dies without such heir to my son David Davenport and his heirs lawfully begotten of his body forever.
Item - I give and bequeath unto my son Daniel Davenport one negroe boy named Harry to him and his heirs lawfully begotten of his body forever and if he should die without such heir to my son James Davenport and his heirs lawfully begotten of his body, and if he dies without such heir to my son David Davenport and his heirs lawfully begotten of his body I likewise give and bequeath to my son Daniel Davenport after the death of my wife all my stock of horses, sheep and hogs and all my household furniture to him and his heirs lawfully begotten of his body and if he dies without such heir to be equally divided between my two sons James and David Davenport and their heirs forever.
Item - I give and bequeath unto my son David Davenport after my wife's death the Plantation whereon I now live and the land belonging thereunto as far up the deep swamp as a line of Mark'd trees Mark'd from the deep swamp to the Branch that parts the Hooppole thickets and mark'd with three notches on each side and thence the courses of said branch to the back line only excepting a clear and free cart path along the deep swamp to the main road for the use of the Westermost end to him and his heirs lawfully begotten of his body and if he dies without such heir to my son Daniel Davenport and his heirs lawfully begotten of his body and if he dies without such heir to my son James Davenport and his heirs lawfully begotten of his body I likewise give and bequeath unto my son David after the death of my said wife one negroe man named Duke to him and his heirs lawfully begotten of his body and if he dies without such heir to my son Daniel and his heirs lawfully begotten of his body and if he dies without such heir to my son James and his heirs lawfully begotten of his body forever.
Item - I give and bequeath to my daughter Mary Hassell wife of Zebedee Hassell one shilling sterling to be paid to her within twelve months after my death if demanded. Lastly I do make constitute appoint and ordain my three sons James and Daniel and David Davenport Executors of this my last Will and Testament to pay and discharge all my debts and funeral charges and I do hereby revoke and make void and disannul and disallow all former Will or Wills by me made and this only to be my last Will and Testament in testimony whereof I the said William Davenport have hereunto set my hand and seal this thirteenth day of October one thousand seven hundred and eighty two.
William Devanport (Seal)
Signed Seald Published Pronounced and
Declared by the said William Davenport to
Be his last Will and Testament in the
Presence of us
Mich Spruill
John Snell
Stephen Wiley
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1785
Daniel Devenport exhibited into open court the last will and testament of William Devenport deceased which was proved by the oath of John Snell and ordered to be recorded.
January Session 1786
Daniel Devenport appeared in court & qualifyed executor to the last will and testament of William Devenport deceased and returned an inventory of the said deceased estate & proved & ordered to be filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.17), Box 17
Davenport, William, 1786
Writ dated 5 Jan 1786 and issued 27 Mar 1786 for Daniel Davenport executor of William Davenport deceased to be in court the first Monday in April next to answer unto Zebedee Hassell in a plea of trespass on the case to his damage 1,000 pounds.
Writ dated 5 Jul 1787 and issued 30 Jul 1787 for Hezekiah Spruill to take the deposition of Joseph Alexander Senr. concerning what he may know about a cause now depending before the court in which Zebedee Hassell is plaintiff and Daniel Davenport is defendant
Deposition 27 Aug 1787 by Joseph Alexander Senr. for a suit wherein Zebedde Hassell and wife are plantiffs and Daniel Davenport is defendant. Deponent saith that years back Benjamin Alexander Denr. told him that he had a heifer with the deponent's cattle that he would give to Mary the daughter of William Davenport, her mother then being dead, the said Mary now the wife of Zebedee Hassell. The deponent further says he was to take care of said heifer and increase for said child without fee or reward. Some years after this the said William davenport, the father of the said Mary, came to the deponent and told him he lived in a good place for stock and supposed the cattle would be troublesome and he would take care of them if the deponent liked and agreed as follows - the said William received from the said deponent two cows, one year-old heifer and one feifer calf and the said William was to take care of the said cattle and their increase for the said Mary his daughter, and if any of the cattle grew old or ? the said Willam was to make a market for them or swap them for young breeders and the said Mary was to have the benefit of them. And the deponent said that he delivered the said cattle to the said William on them terms and the deponent said that he helped the said William to lead the said cattle to the sound and he carried the said cattle to Scuppernong as the said William told the deponent afterward. And further the deponent says the said William was for the benefit of said cattle to take care of them as aforesaid without fee or reward but for the good will he had toward his said child.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Zebedee Hassell to Mary Devenport on 15 Feb 1770, Joseph Wyatt security; also James Davenport (son of William} to Keziah Devenport on 19 Jun 1784, Danl. Davenport security; also Daniel Davenport to Sarah Nicholls on 12 Mar 1786, George Matthews security.
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