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North Carolina
Tyrrell County
Book 1, page 51
9 August 1762
In the name of God amen: The ninth day of August in the year of our Lord one thousand seven hundred and sixty two I Thomas Davis of North Carolina in the County of Tyrrel in his majestyes province carpende being very sick and weak in body but of perfect mind and memory thanks be given unto God for it therefore calling unto 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 soule into the hands of God who gave it and my body I recommend to the Earth to be buried in decent and Christain like manner at the duretion of my Executors nothing doubting but at the General Resurrection I shiall receive the same by the Almity power of God and touching such wordly Estate as where with it hath pleased God to bless with in this life I give demise and dispose of the same in the following manner and form.
Imprimis - I give and bequeath to my well beloved wife Elizabeth Davis my lands and tennaments also my horses hogs and cattle sheep and likewise all my moveable Estate except my joiners tools and cannoo during her life or widdowhood paying my debts and after her decease to return as followes A third part of the cattle to my beloved son John Davis and other to thirds to my grandson Thomas Davis son of John Davis likewise I give and bequeath to Thomas Davis son of John Davis my land to him and his heirs lawfully begotten of his body and if Thomas Davis son of John Davis shall die without heir then it shall return to John Davis son of John Davis to him and his heirs lawfully begotten of his body.
Likewise I give and bequeath to my beloved daughter Cattran Creecy on chest to my son Robert Davis I give fourteen pence sterling likewise I give to my son Thomas Davis fourteen pence sterling likewise I give to my son David Davis fouteen pence sterling.
And as to the moveable Estate I have in the following manner for the use of the plantation I leave two plowes and one hand mill and the rest of the moveable Estate I leave in the care of my son John Davis while Thomas Davis son of John Davis come to the age of twenty one years and then to return to him the said Thomas Davis to him or his heirs likewise I leave my beloved wife Elizabeth Davis and my son John Davis and Nathan Miears Executors of my Estate and I do hereby utterly disallow revoak and disannul all and every other former Wills Testaments Legacies 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 witness whereof I have hereunto set my hand and fixt my seal this 18th of September 1762.
Thomas (his -x- mark) Davis (Seal)
Signed sealed published
Pronounced and declared
in the presence of us
Nathan (his -x- mark) Miars
Barbary (her -x- mark) Raby
Recorded by Fr Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
March Session 1763
Personally appeared Nathaniel Mires Senr. and proved the last will and testament of Thomas Davis deceased and saith that he was of sound mind and memory & that he saw Barbary Raby sign as a witness at the same time.
September Sesion 1763
Elizabeth Davis exhibited an inventory of the estate of Thomas Davis deceased proved before John Hooker Esqr. one of his majestyes justices of the peace & on motion ordered to be filed.
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