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Colony of North Carolina
Terell County
Dated 15 February 1754
In the name of God Amen February ye 15th day 1754. I William Gardner of ye County of Tyrrell Planter being very sick and weake in body but of perfect mind and memory thanks be given unto God therefore calling unto mid the mortality of my body and knowing that it is apointed for all men once to dye do make and ordain this my Last will and Testament that is to say principally and first of all I give and recommend my sole into the hands of God that gave it and my body I recommend to ye Earth to be buried at the descrion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by ye mighty Power of God & as touching such worldly Estate where with it hath pleased God to bless me in this Life I give demise and dispose of ye same in the following manner and form.
Imprimas - I give and bequeath to my son William Gardner one black mare called Tib and my one hunting gun to him and his heirs forever.
Item - I give and bequeath to my son Thomas Gardner one gray mare called Flower and to Samuel Gardner ye son of Thomas Gardner one two year old heffer him and his heirs forever.
Item - I give and bequeath to Mary Cooper one year old mare to her use and ye benifit of her children she now hath to them and their heirs forever.
Item - I give and bequeath to my son Samuel Gardner ye one half of a tract of land lying on ye Souwest of ye mulbry branch and one halfe of ye tract belonging to ye manner Plantation according to a deviding line made between him and his youngest brother one three year old gray horse one three year old gray mare two Cowes and Calfs one feather bed one iron pot one ovel table one Chest to him and his heirs forever and one desk.
Item - I give and bequeath to Isaac Gardner ye manner Plantation to him and his heirs forever not melisting his mother from living in manner house and of use of the Plantation so much as to support her in living one bay three year old horse one black mare called Blase one feather bed one iron pot one ovel table one Chest one trunk one halfe of the tract of land on ye Souwest side of ye mulbary branch to him and his heirs forever the same to be devided betwet as they shall agree.
Item - I lett my wife have ye use of a horse called Roman one year old horse and all and singular of ye movebals that is on given that is to say Cattell hogs sheep beds and housell stuff during ye timn of her natural life and if any remains at her death to be devided amongst my children one third part betwen amuell and Isaac Gardner and the other too thirds to be devided amoungst ye rest of my children equally without or molestation.
I do hereby constute make and ordain my well beloved son William Gardner and Samuel Gardner my Sole executors of this my Last Will and Testament and I do hearby uterly disalow revoke and disanul all and every other former testement bills legises and requests and Executors by me in any ways beofre named willed and bequeathed Ratifying and Confirming this and no other to be my Last will and Testament in witness where of I have hear to set my hand and seale ye day and year above writen.
William Gardner
Signed Sealed and Deivered in ye presents of
Thomas Gardner
Isaac Gardner
Clanak Smithwick
North Carolina
Tyrrel County
June Court 1754
Present his Majesty's Justices
These my certify that Isaac Gardner on of the subscribing Evidences of the within Will came into open Court and made oath on the Holy Evangelists of Almighty God that he saw William Gardner sign seal publish pronounce & declare the within writing to cantain his last will Testament and at the same time he saw Thomas Gardner & Clanak Smithwick sign their names as evidences to the said will and that the said William Gardner was at that time in perfect sound mind & disposing memory. Then also appeared William Gardner & Samuel Gardner Executors and quallified themselves by taken the Oath of an Executor as the Law directs. Ordered that the Honorable James Murray Esq. Secretary of this Province have notice thereof that Letters Testamentory issue accordingly.
Test Evan Jones Clerk Court
William Gardner's Will
Letters Issued the 29th July 1755
Tyrrell
Recorded in the Secretary Office in
Book No. 9 page 102.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
September Session 1754
Mary Gardner exhibeted a petition praying administration on the estate of William Gardnar her deceased husband granted. John Hardeson Esqr. & Edmd. son John Smithwick in the sum of one hundred pounds Proclamation money and that Jno. sell so much of the sd. decd. estate as will pay his debt.
An inventory of the estate of William Gardnar deceased was proved in open court.
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