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Colony of North Carolina
Tyrrell County
Dated 14 March 1744/5
In the name of God Amen, the Fourtenth day of March 1744/5 I Thomas Evans of Terrill County & Province of North Carolina Planter, being very sick & weak in body, but of perfect mind & memory, Thanks be given unto God, Therefore calling unto mind ye mortality of my body & knowing that itt is appointed for all men once to die, do make & ordain this my Last will & Testament (that is to say) Principally & First of all I give & recommend my Soul into ye hands of God tht gave itt, and my body I recommend to ye Earth, to be buried in decent Christian burian att ye discretion of my Executors, nothing doubting but att ye Generall Resurrection I shall receive ye same again by ye Mighty Power of God, & as touching such worldly Estate wherewith itt hath pleased God to bless me in this Life, I give, demise & dispose of ye same in ye following manner and Form.
Imprimiss - I will give & bequeath to my loving mother Elonor Evans four caws & calfs, one five year old steer one bed & Furniture one Chest, two pewter dishes, tow plates, two pottle Basons, two porringers during her natural Life with ye priviledge of my house & plantation during ye said time.
Item - I give will & bequeath to Saml. Tetterton one cow & Calf
Item - I will give & bequeath to my beloved wife Mary Evans ye one third part of all my Estate after ye Legacies paid out & the other two thirds of my Estate to be equally divided between my five children Elizabeth, Mary, Catherine, Alic & Sarah Evans each to have a proportionable part
Item - I will & bequeath that after ye decease of my wife Mary ye land which I now live on with ye Plantation do fall to my youngest daughter Sarah Evans & provided ye sd. Sarah should die before inheritance to fall to my next youngest child in course.
Item - I will & bequeath what money I have by me to my wife Mary with riding horse.
Item - I likewise constitute make & ordain my wife Mary Evans, Samuel Durrance & Matthias Adams my Sole Execuors of this my Last will & Testament of all & Singular my lands & Estate and I do hereby utterly disallow, revoke, disannull all & every other former Testament wills Legacies and bequeasts & Executors by me in any ways before named, willed & bequeathed, rattifying and confirming this and no other to be my Last will & Testament in wittness whereof I have hereunto set my hand & Seal the day & year afore written
Thomas (his -E- mark) Evans
Signed Sealed & Delivered
In presence of
John Nicholls
John Garrett
John J. Walker
North Carolina
Tyrrel County
At a court held for sd. Count at ye Court House for the same on ye first Tuesday in June Dom. 1745.
Present His Majestices Justices
These may Certifie yt John Walker one of the subscribing Evidences to the within appeared in open Court and made Oath on the Holy Evengelest of Allmighty God that he were present and saw Thomas Evans Sign Seal Publish and Declare the Writin to be and contain his last Will and Testemant and at the same time the sd. Thomas Evans was then & at the time of sound and disposing memory. He also said he saw Jno. Nicholls and Jno.Garrett sign their names thereto at the same time appeared Mary Evans, Saml. Durrance & Mathew Adams Executors in open court and took the executors oath in due form of Law ordered that the Honorable Nathenial Rice Esq. Secretary of this province have notice thereof that Letters Testamentary issued thereon as ye Law directs.
Thomas Evans Will
The withing will proved by ye oath of John Walker a subscribing evidence.
Letters issued the 3 day of August 1747.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
September Session 1754
Nathl. Everet Junr. is appointed guardian to Alice Evans orphan of Thos. Evans decd. and he enters John Hardison Esqr. and Nathl. Everet securitys in the sum of 100 pounds Procl.
June Session 1757
Read the petition of Edward Williams praying to be appointed guarding to Alice Evens (Ordered) Granted and that he give security in the sum of fifty pounds Procla. money and that Natha. Everet be sommoned to bring in his account of the sd. estate to next court and John Stubbs and Thomas Stubbs enter themselves security & c.
September Session 1758
On motion of Edward Williams garduan to Alic Evans praying that Natha. Everet setle the estate of sd. orphan, ordered that the sd. Natha. Everet setle upon oath for the estate of the aforesd. orphan and made oath that he had paid to the afsd. Edwd. William all the estate belonging to Alic Evans aforesd. orphan.
Edwd. Williams exhibite an account of the estate of Alic Evans orphan of Thomas Evans received of Natha. Everett Junr. and proved the same upon his oath. Ordered to be entered and filed.
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