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North Carolina
Tyrrell County
Original Will at N. C. Archives
February 5, 1792
In the name of God Amen the 5th day of February 1792 I, Joseph Davenport of Tyrrell County and state of North Carolina planter being sick and week 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 that it is appointed for all men once to dye do make and ordain this my last will and testament that today principally and first of all I give and recommend my soul into the hands of God that give it me and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my executors nothing doubting but at the general resurrection I shall receive the same by the mighty power of God As touching such worldly estate wherewith it hath pleased God to bless me in this life I give demise & dispose of the same in the follwing manner and form - -
Imprimis I give and bequeath unto my beloved wife Elizabeth Mary Davenport during her natural life or widowhood the use of one half of my plantation and half the land appertaining thereunto also my horse hogs and cows also one third part of all my movable estate
Item I give and bequeath unto my beloved son Benjamin Davenport the other half of my plantation with one hundred acres of land more or less also his mothers part of the plantation and tract of land after her death or widowhood to him begining at a gum in the edge of the branch near where Hatfield formerly lived then along the run into the body to a gum then along a line of marked trees to a cross line to a gum to him his heirs & assigns forever.
Item I give and bequeath unto my beloved son Simion Davenport one hundred acres of land more or less begining at Benjamin Davenports corner tree in the Outlett Swamp then along his line out to John Davenports line then along his line to Spruills line then down Spruills line to McCabes line to a gum a corner tree then along McCabes line to a gum a corner tree then along the said line to a pine a corner tree on the Outlett Swamp and from thence to the first station to him his heirs and assigns forever.
Item I give and bequeath to my two beloved sons Ishmael Davenport & Enoch Davenport the one third part of six hundred and forty acres of juniper swamp lying over the bay to them their heirs and assigns forever.
Item I give and bequeath unto my two beloved sons Eli Davenport & Isom Davenport the remaining two thirds of my movable estate to be sold and the money to be put upon interest to be equally divided between them two when they come of age.
Item I give and bequeath unto my beloved son Isaac Davenport one shilling sterling -
Item I give and bequeath unto my beloved son Joseph Davenport one shilling sterling -
Item I give and bequeath unto Stephen Davenports heirs one shilling sterling -
Item I give and bequeath unto my beloved son Ashel Davenport or his heirs one shilling sterling -
Item I give and bequeath unto my beloved son John Davenport one shilling sterling -
Item I give and bequeath unto my beloved daughter Jemima Ambrose one shilling sterling -
Item I give and bequeath unto my beloved daughter Elizabeth Davenport one shilling sterling -
Item I give and bequeath unto my beloved daughter Ann Davenport one shilling sterling -
Item I give and bequeath unto my beloved daughter Pattey Davenport one shilling -
Item I make constitute and ordain my beloved wife Elizabeth Mary Davenport and my son Benjamin Davenport executors of this my last will and testament allowing and disannulling all other wills in any ways before named - ratifying and confirming this and no other to be my last will and testament and in wittness whereof I have here unto set my hand and seal the day and date first above written.
Joseph (his mark) Davenport
Signed sealed published & delivered
as my last will and testament
in the presence of us
Moses (his mark) Davenport
Ader (her mark) Norman
James Davenport
Tyrrell County April Term 1792
Personally appeared in court Moses Davenport and made oath on the Holy Evangelists of almighty God, that he saw and
heard Joseph Davenport above named sign, seal, publish, pronounce & declare the above instrument of writing to
be his last will & testament and at that time he was of sound, disposing mind & memory, also at the same time he saw
Ader Norman make her mark & James Davenport sign his name as witnesses thereunto sign their names thereunto
& further saith not
Test Mackey CSP
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
April Session 1792
The last will & testament of Joseph Davenport Senr. exhibited into court by Thomas Vail Esqr. & proved by the oath of Moses Davenport and ordered to be recorded.
Ordered that Isaac Patrick be appointed guardian to Simion Davenport son of Joseph Davenport deceased and give bond 400 pounds Andrew Bateman & Benjamin Tarkinton securities.
July Session 1792
Appeared in court Elizabeth Mary Davenport relict of Joseph Davenport Senr. deceased & qualifyed executrix to the last will & testament of the said deceased.
Elizabeth Mary Davenport executrix of Joseph Davenport Senr. deceased exhibits into court on oath an inventory of the estate of the said deceased & filed.
January Session 1793
Ordered that Benjamin Davenport executor of Joseph Davenport deceased have leave to sell a negro wench named Lynda and make return to next court.
July Session 1793
Asa Phelps Deputy Sheriff exhibits into court an execution at the instance of Joseph Davenport Junr. against the executors of Joseph Davenport Senr. deceased whereon he returns that he has levied on the lands of the said Joseph Davenport deceased. Ordered that the Sheriff sell the same or so much thereof as will pay the debts & costs agreeable to act of assembly & make return to next court - this order rescinded.
Also an execution at the instance of Daniel Davenport Junr. against the executors of Joseph Davenport Senr. deceased whereon he returns that he has levied on the lands of the said Joseph Davenport Senr. deceased. Ordered that the Sheriff sell the same or so much thereof as will pay the debts & costs agreeable to act of assembly & make return to next court - this order rescinded.
October Session 1793
Ordered that seri facias issue against the executors of Joseph Davenport deceased to show cause to next court why the lands of said deceased shall not be sold to satisfy four executions against said estate.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.17), Box 17
Davenport, Joseph Sr., 1792
Guardian bond dated 26 Apr 1792 in the amount of four hundred pounds appointing Isaac Patrick guardian to Simion Davenport orphan of Joseph Davenport Senr. deceased with Andrew Bateman & Benja. Tarkinton Junr. securities.
Numerous summons and executions both for and against the estate of Joseph Davenport Senr. over a period of four or more years.
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