In the name of God amen: I Benjamin Howard of the state of North Carolina and County of Tyrrell being weak in body but of sound and perfect mind thanks be to God and calling to mind the mortality of my body and knowing that it is appointed unto all men once to die do make and ordain this my last Will and Testament in manner and form following Viz. First of all I recommend my soul into the hands of Almighty God that gave it and my body to the Earth to be buried at the discretion of my Executors. And calling to mind what worldly Estate it hath been pleased God far beyond my deserts to endow me with I give and dispose of as follows. First of all I will that all my just debts be lawfully paid.

Item - I give and bequeath to my beloved wife Sarah Howard, all and singular my real and personal Estate during her natural life and after her decease I will and bequeath to my son in law Thomas Middleton all my above mentioned Estate to him and his heirs forever and I hereby constitute ordain and appoint my son in law Thomas Middleton and Richard Fagan Executors of this my last Will and Testament disannualling and revoking all other forrmer Wills Legacies Testaments bequeaths and bequest ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I have hereunto set my hand and seal this eight day of February one thousand seven hundred and eighty eight.

Signed Sealed Published and Prounounced by the Testator as his last Will and
Testament in whose presence and in the presence
of each other have subscribed our names.

Benjamin Howard (Seal)

Enoch Fagan
Delilah (her mark) Middleton

Tyrrell County Jany Term 1790
Appeared personally Enoch Fagan and made oath on the Holy Evangelist of Almighty God that he saw & heard Benjamin Howard above named sign, seal, publish, pronounce & declare the above instrument of writing to be his last will and testament and at that time he was of sound disposing mind & memory and at the same time he saw the other subscribing witness Delilah Middleton make her mark as subscribing witness thereunto and further saith not.
Test Mackey Clk.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Benjamin Howard to Sarah Middleton on 25 Jan 1775, Edward Walker security.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.24), Box 24
Howard, Benjamin, 1791

Writ dated 28 Jul 1791 and issued 8 Aug 1791 citing an execution against the goods & chattels, lands & tenements of Benjamin Howard deceased wherein John Jordan executor of John Jordan deceased recovered six pounds and eighteen shillings against Thomas Middleton executor of Benjamin Howard deceased.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated November 19, 2020
Jean H. Pennell