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Colony of North Carolina
Tyrrell County
Dated 3 August 1750
In the name of God Amen I James Jones of the Province of North Carolina and in the county of Tyrrell Cooper being at present in sound mind and memory thanks be given to God for it and calling to mind the mortality of my body and knowing that it is appoynted for all men once to die do make and ordain this my Last will and Testament that is to say principally and first of all I give and bequeath recommend my soul into the hands of Almighty God that gave it and my body I recommend to the Earth to be buryed at the descretion of my Exeuctors nouthing doubting but at the General Resurrection I shall receive the same again by the mighty Power of God and as touching such worldley Estate wherewith it hath pleased God to bless me in this life I give and dispose of in the form and manner following
Impramus - I give and bequeath to my loveing wife Mary Jones dureing her naturall life one hundred and fifty acres of land including my uper Plantation
Item - After the death of my said wife my Will and Desyer is that the said one hundred and fifty acres of land including my said uper Plantation be my son James Jones to him and his heirs forever and in case my son James should die in his minorily then my Will and desyer is that the sd upper Plantation with the one hundred and fifty acres of Land be my son Fraley Jones to him and his heirs forever
Item - I give and bequeath to my son Benjamin Jones one hundred and fifty acres of land being the remaining part of the land belonging to my sd uper Plantation to him and his heirs forever and in the case my son Benjamin should die in his minority then the sd hundred and fifty acres of land to be my son Fraley Joneses and his heirs forever
Item - I give and bequeath to my daughter Mary Draper one young mare.
Item - I give and bequeath my Personall Estate to my Severall children hereafter mentioned ___ly (?) Wife to have the use thereof dureing her life and in case she mary again then to have the use of my sd personall Estate dureing her widohood my said personall Estate I desyer should be equealy devided betwen my children after the death or marage of my said wife. To Wit/Evan Jones James Jones Fraley Jones Benjm Jones and Ann Jones and Elizabeth Jones.
Item - I give to John Ray the Liberty(?) dureing his life and his wifes Widohood the priveledg of dwellin on part of my land called the folley.
I do hereby apoynt and constitute (?) My loveing wife Mary Jones Excetrx togather with my two sons Evan and James Jones hole and soul Executors of this my Last Will and Testament and I do herby utterly disalow revoake and disanull all and every other former Testament Will Legacies and Bequests and Executors by me in any ways before named Willed and bequeathed ratifying and confirming this and no other to be my Last Will and Testament. In Witness whereof I have here unto set my hand and seal this third day of August in the year of our Lord one thousand seven hundred and fifty.
James Jones
Signed Sealed and Deliverd
in the presence of us
John Ray
William (his -W- mark) Howard Jurot
Elizabeth (her -x- mark) Howard
The last Will & Testament of James Jones
Recorded in the Secr. Office in Book A page 126.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
March Session 1754
The last will and testament of James Jones decased was proved in open court by the oath of William Howard and James Jones qualified as executor to the same.
June Session 1754
An inventory of the estate of James Jones decased was exhibeted into open court and proved by the oath of James Jones.
September Session 1756
The petition of Evan Jones & James Jones executors of James Jones read in these words viz. praying for a devesion of the estate of James Jones deceased & c. Ordered that Henry Hall be summoned to appear next court to shew cause if any he hath why a devision should not be made agreeable to the will of the sd. James Jones deceased. (Entry crossed out and marked void.)
Ordered that Francis Ward, Thomas Stubbs, John Stubbs be deviders of the estate of James Jones deceased and that they devide the same agreeable to the will of thge said James Jones decased and return the same to the next court.
North Carolina - This indenture made this twenty sixth day of July in the year of our Lord one thousand seven hundred and fifty six. Witnesseth that shortly by Gods assistance a marrage intended to be had and solemnized between Henry Hall of the county of Pequimons in the province aforesaid and Mary Jones of Tyrrel County in the province aforesaid widow and relict of James Jones of the same place deceased and that the said Mary Jones may be provided with a joynture in case she should survive the said Henry Hall for divers other good causes and consideration doth for himself his heirs executors and administrators promise afsd. agree to and with Evan Jones and James Jones of the place last above mentioned and their heirs executors and administrators and with everey of them by these presents that he the said Henry Hall shall, doth and hereby agree to give and doth give to the said Mary Jones unto her and her heirs and assigns all the right, title, intrust, clame or demand which by virtue of the said marrage intended to be solemnized he may have on the estate of the said Mary Jones in land, negros or other estate whatsoever and at the time of her death she may have full power to give, demise and dispose of the same as to her shall seem right. And if in the lifetime of the said Mary Jones after the said marrage is solemnized she should think proper to dispose with any part or parsell of the said estate that then the said Henry Hall his heirs, exors., admins., or assigns shall in no wise deny, deter, or hinder such gift or gifts depose or dissposal and that the said Mary Jones, her heirs, exors., admors. or assigns shall and may from time to time and at all times for ever hereafter lawfully, peasably and quietly have hold and occupy possess and injoy the premisses aforesaid without the least hinderance disturberance or molestation from the said Henry Hall my heirs executors administrators or assigns. In witness whereof I have hereunto set my hand and seal the day and year first above writen. Signed by Henry Hall and witnessed by James Jones and Mary Jones.
December Session 1756
On motion of Andrew Long praying the court to appoint devider to devide the estate of James Jones deceased. Ordered that William Mackey Esqr., William Gray, Jacob Blount Esqr. do devide the same and return the same to next court.
March Session 1757
On motion of Andrew Long praying to devide the estate of James Jones deceased the following gent. are hereby appointed. William Gray, William Mackey Esqr., Jacob Blount or aney two of them & to returne the same to next court.
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