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Colony of North Carolina
Tyrrell County
Book 3 Page #194
Dated 20 August 1737
In the Name of God Amen. I William Fryly of Tyrril Precinct in North Carolina being Perfect mind & memory Praise be God therefore do make and Ordain this to be my Last Will & Testament
Imprimis I recommend my soul into Allmighty God and my body unto ye Earth to be Decently buried at the discretion of my executors hereafter named and as to any worldly Estate I dispose the same as Followeth: Viz.
I give & Bequeath unto my Dearly Loving Wife Grace Fryly the use of all my Estate not hereafter Bequeathed both real and Personal During her Life Provided she do not marry but in Case she marry it is my will and Desire that from and after her marriage she have use only of one third part of all my Personal Estate with the use of the Plantation were I now live and that my Daughter Mary Jones have use of the other two thirds of my Personal Estate with the use of all my other lands during her life and after the Death of my wife that my Daughter have also the use of that Part Bequeathed to my Wife also During her life it is also my will and desire that if my wife do not marry and thereby have the use of my whole Estate During her Life that my sd Daughter shall afterward have this land of that said Estate During her life
Item I give and Bequeath unto my Grandson Evan Jones after the Death of my wife and said Daughter to him and his heirs forever, three Hundred acres of Land including the Plantation wereon I now Live with the Building Orchards and all the Improvements hereunto belonging
Item I give & Bequeath unto my Grandson Fryly Jones after the Death of my Wife and sd. Daughter to him and his heirs forever the remaining Part of the Tract of Land where on I now live with one Feather Bed of Furniture.
Item I give & Bequeath all my other Lands after the Death of my sd. wife & Daughter unto the other of my said Daughter & Sons which she hath or shall have unto them & their heirs forever to be Equally divided among them, and is my will & Desire that my Personal Estate after the Death of my sd. Wife & Daughter be Equally divided among my said Daughers Children and if any the said Children die without Heirs or dispossing of the same, that then his of her Part be Equally Divided amongst the rest of my sd Daughters Children
Item It is my will and Desire that if it Pleased God my said Daughter B Die before my Wife or before my wife should marry that then all or such Part of my Estate afsd as she do have been to the use of my Daughter Mary go to my said Grand Children in the manner before said
Lastly I do hereby Revoke all former Wills by me made; I do hereby cut off all Persons whatsoever other than those I have mentioned in this Will from any Part of my Estate Hereby appointing my wife & Daughter executers of Cullen Pollock Executors of this my Last Will & Testament In Witness whereof I have here unto set my Hand & Seal this 20th Day of August 1737
William (his -f- mark) Fryly
Signed Sealed Published in the Presence of us
Stephen Lee
Robert McCrea
Thomas Lee
The will of William Fryley was proved in Open Court before his Majesty's Justices in the Court of Tyrrill by the Oath of Stephen Lee One of the Subscribing Evidences this 7th Day of March Anno Dom 1737
Test Anderson Sugg N. Caro.
These may certifie that Grace Fryley One of the within Executors was Duly Qualified as Executrix to the within Will the day year Court aforesaid.
Test Sam Craven
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