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State of North Carolina
Tyrrell County
Book 1, page 124
Dated 10 March 1783
In the name of God amen: I John Hopkins being weak and low in body but of perfect mind and memory thanks be to God for it Knowing it is appointed for all men once to die - doth constitute and ordain this my last Will and Testament - do disannull & revoke all former Wills, Gifts, Intails, or Incumbrances whatsoever from the just right or claim of any person or persons whatsoever- First I recommend my soul to God that gave it and my body to be buried at the discretion of my Executors hereafter mentioned - and as to my worldly goods I give as followeth - Viz:
First - I give to my son Samuel Hopkins five shillings specie.
I give to my son Phillip Hopkins - five shillings specie.
I give to my son John Hopkins - five shillings specie -
My will and desire is that my well beloved wife Elizabeth Hopkins have the use of all the remainder of my Estate both real and personal during her widowhood for to raise my three young children - Thomas Hopkins, Elizabeth Hopkins and Mirriam Hopkins without making any waste of it - And then the Executor to take it into their care and deliver it to each child at their coming of age or marriage as shall hereafter be mentioned -
I give to my son Thomas Hopkins half my plantation where I now live and half the Cypress swamp joining of it and if my son Phillip Hopkins loose the land on the White Oak Island which I have given him a deed for by any older or former right - then I give him the other half of my plantation- and the remainder of the Cypress Swamp joining of it - But if he obtain and keep that land then I give all my plantation land and the two hundred acres of Cypress Swamp to my son Thomas Hopkins to him and his heirs. But if my son Phillip Hopkins loose the land above mentioned an my son Thomas Hopkins die without heir then my son Phillip to have my son Thomas' part of the above mentioned land and if my son Phillip die without heir lawfully begotten of his body then my son Thomas to possess his part of said land and swamp- But if my son Phillip keep that land on the White Oak Island and my son Thomas Hopkins die without heir - Then I give this gift of land and swamp to my son John Hopkins -
My Will and desire is that all the remainder of my Estate be equally divided between my three youngest children Elizabeth - Mirriam and Thomas and if one or two of these children decease before they come to age the other or others to possess their part as their right & property forever-
I do hereby disannull all other Wills, Gifts, Dowries jointures or incumbrances whatsoever, and do constitute and ordain this my last Will and Testament - I do nominate and appoint my two sons Samuel Hopkins and Phillip Hopkins Executors to this my last Will and Testament - In witness whereof I have hereunto set my hand & seal this tenth day of March one thousand seven hundred and eighty three -
John (his -x- mark) Hopkins (Seal)
Signed Sealed and delivered
In the presence of us -
William Chocke
Rebecker Chocke
Recorded by Mackey Clk .
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
April Session 1783
Appeared Phillip Hopkins in open court and proved the last will and testament of John Hopkins by the oath of William Chalk & ordered to be filed.
Appeared Phillip Hopkins in open court & qualified to the last will and testament of John Hopkins deceased as executor.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.24), Box 24
Hopkins, John, 1805
Petition in April Term 1805 by Phillip Hopkins stating that his father John Hopkins died testate and in his will devised two tracts of land to his two sons Phillip & Thomas Hopkins. Petitioner requests that commissioners be appointed to partition this land and that a copy of this petition be served upon Thomas Hopkins to show sufficient cause why the said land should not be divided. Rear of petition has a summons dated 24 April 1805 and issued 4 May 1805 for Thomas Hopkins to appear in court on the 4th Monday in July next to show cause if any why the petition should not be granted.
Summons dated 25 Jul 1805 for Jesse Alexander to appear immediately in court to testify on behalf of Thomas Hopkins in a case in which Phillip Hopkins is plaintiff and Thomas Hopkins is defendant.
Summons dated 29 Oct 1805 for Abner Alexander to appear immediately in court to testify on behalf of Phillip Hopkins in a case in which Phillip Hopkins is plaintiff and Thomas Hopkins is defendant.
Answer in October Term 1805 of Thomas Hopkins to the petition of Phillip Hopkins saying that a clause of their father's will devises half of his plantation and cypress swamp to Phillip with the proviso that in case Phillip lost the White Oak Land which he had given him a deed for, but if he kept the White Oak Land his son Thomas, your respondent, woluld get all of the plantation and cypress swamp. Respondent further shows that Phillip did not lose the White Oak Land but conveyed it to William Flood in a deed bearing date 9 Feb 1786. Respondent therefore asks that the petition be dismissed as groundless and frivolous.
Summons dated 28 Jan 1806 and issued in term time for Joseph Ansley & John Brickhouse to appear immediately in court to testify on behalf of Phillip Hopkins in a case in which Phillip Hopkins is plaintiff and Thomas Hopkins is defendant.
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