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Colony of North Carolina
Terell County
Dated 13 April 1749
In the name of God Amen, April the thirteenth 1749 I John Gardner being sick and weak in body but of perfect mind and memory Thanks be given unto God Therefore calling unto mind the morality of my body and knowing that it is appointed for all men once to dye dou make & ordain this my Last Will and Testament that is to say principaly and first of all I give and recommend my soule into the hands of God that gave it and my body I recommend to ye Earth to be buried in decent Chridtian burial at ye discretion of my Executors nothing doubting but at the Generall Resurection I shall receive the same againe by the mighty power of God and as touching my worldly Estate where with it hath pleased God to bless me in this Life I give demis and dispose of ye same in the foolowing manor & forme
Imprimis - I give and bequeath to my well beloved wife Elisabeth Gardner one third part of my now dwelling plantation dwelling house smoke house milk house with one third part of my moveable Estate within and without the houses and plantation given dureing my wifes Life and no longer.
Item - I give and bequeath to my well beloved son James Smithwick Gardner my plantation whereon I now dwell to him and his heirs forever and ye lands there two belonging not intorrupting his mother in her posesions nor intorrupting his two sisters from living on ye plantation while singell.
Item - I give and bequeath to my son James Smithwick Gardner my set of Coopers tools with my gun and cutlas & ye use of all other tooles as axess & have for ye use of ye plantation
Item - I give and bequeath unto my well beloved daughters Drusila Gardner & Ann Gardner my upper tract of land containing fore hundred and thirty fore acres to be equaly devided between them at their discretion.
Item - I give and bequeath unto my well beloved daughtors Jemimah Wallbuton Elisabeth May Ashemay(?) And Rebecah Ward five poinds a peace bills to be leaveyed out of my Estate and all ye rest of my moveable Estate to be equaly devided between James Smithwick Gardner Drusila Gardner & Ann Gardner and I dou make & ordain John Wallbuton and John Ward to be my souls Executors of this my Last will and testament.and I dou here by utterly disalow revoak and disanul all and every former testament wills Legasies & bequeaths and Executors by me any wais before named willed and bequathed Ratifiing and Confirming this and no other to be my Last Will and Testament. In witness whereof I have hereunto set my hand & seal ye day and year above writen.
John Gardner
Sined Sealed and Delivered in ye presents of us ye subscribers
William Gardner
William Gardner Junr.
Edward Griffen
North Carolina
Tyrrel County
At a court of quarter sessions began opened and held for sd County at the Court House on Kindreks Creek in sd County on the sixth day of June Anno Dom 1749.
Presents of his majestys Justices
The Last Will & testament of Jno Gardner Dec'd was exhibited into open Court & Proved on oath of William Gardner Esqr. & on motion of Jno.Wallboten who qualifies as Executors to sd Will praying orders for Letters Testmentery ordered the the Secretery have notice thereof that Letters may issue accordingly
Test Evan Jones Clk C.
John Gardner
Will Letters issued Sept 15th 1749
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