North Carolina
Tyrrell County
Book 1, page 50
no date
In the name of God amen: I Thomas Ludford of the County of Tyrrel in the province of North Carolina being sick and weak in body but of perfect mind and memory thanks be to God for the same and knowing that it is appointed for all men once to die do make this my last Will and Testament in manner and form as followeth in first I recommend my sould into the hands of God that gave it and my body I recommend to the Earth to be buried in a Christain and decent like manner at the duretion of my Executors after named and for my worldly Estate tht it hath pleased God to give me in this life I give and dispose of as followes.
Item - I give and bequeath to my beloved wife Frances Ludford the third part of all my personal in during her natural life and after her decease all that can be found the belonged to my Estate for to be equally divided between my two boys.
Secondly - I will and bequeath unto my son Enock Ludford my land and plantation that I now live on likewise two beds and furniture and my caine and my two swords and my next best gun that shall be found in my Estate after my decease to him and his lawfull heirs forever.
Thirdly - I will and bequeath to my son William Ludford Alis {alias?} Smith all the lands that can be found for to be my property after my decease and my Mill and one beed and furniture my Bucknear and drum that formerly belonged to my father unto him and his lawfull heirs forever and my working tools to eaqually devided my two boys.
Fourtly - I Will and bequeath all the remender part of my personall esstate for to be eaqually divided between my two boys at the will and pleaseure of my Executors.
Fiftly - I will and bequeath into the care of Joseph Blount one of my Executors for to bring up my two sons after my decease for to give them learning out of my Estate and to bring the at in the fear of God further it is my will and desire that if one of my son should dye without lawful heir that his part should be faul to his brother and if both should dye without heir for to be and fall unto my beloved wife in during her ife to support her and after her decease my personal Estate for to be sold and my land put to rent for the support of a free school in the bound of Little Alegator for the good of the poor exception ten pounds unto Joseph Blount or his heirs it being for old favious done.
Lastly - I make and ordain constitute and appoint Capt. William Barns Joseph Blount Charles Blount for to be my whole and sole Executors of this my last Will and Testament as witness my hand and seal this day of.
Thomas (his -x- mark) Ludford (Seal)
Signed sealed and declared
In the presence of us
John (his -x- mark) Sedyex
Samuel (his -x- mark) Smith
M. D. Phillips
Recorded by Fr Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
March Session 1764
Personally appeared John Sedgex and made oath on the Holy Evangelist of allmighty God that he saw Thomas Ludford sign seal pronounce & declare his last will and testament in writing & that he was of sound mind & disposing memory & that at the same time Mde. Philips & Samuel Smith sign as witnesses.
Ordered that Joseph Blount & Charles Blount Esquires exors. of Thomas Ludford deceased sell the perishable estate of the said deceased & return the same to next court.
June Session 1764
William Barns, Joseph Blount & Charles Blount executors named in the last will and testament of Thomas Ludford deceased having signefied they resine the execution of the sd. will administration is granted unto Samuel Mizell and enters Mickel Alexander & John Alexander securities in the sum of 500 pounds procla. money.
September Session 1764
On motion of Samuel Mizell administrator of the last will and testament of Thomas Ludford deceased (the executors therein named refused the sd. trust) for sale of the perishable estate ordered that the sd. admr. sell the perishable estate and make due return to our next court.
On motion of Samuel Miggett for sale of the perishable estate of Thomas Ludford ordered that he sell the same & make return to our next court.
May Session 1778
Wm. Ludford son of Thomas Ludford appeared in open court and prayed a division of his fathers estate in the hands of Samuel Mydget guardian of said orphans granted.
Ordered that Joseph Whedbee Joseph Pledger & Michael Alexander be appointed to divide the estate of Thomas Ludford agreable to his last will and testament and make returns to next court.
April Session 1782
Ordered that Hezekiah Spruill surveyor & the above named persons be appointed to settle the bounds of land between Joshua Alexander and Samuel Mydget trustee for the orphans of Thos. Ludford deceased and make returns to next court.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.30), Box 30
Ludford, Thomas, 1776
Administrator's bond dated 22 Jun 1764 in the amount of five hundred pounds appointing Samuel Migett administrator of the estate of Thomas Ludford deceased with Michel Alexander & John Alexander securities.
Petition dated April Term 1788 by Enoch Ludford who states that he is the son of Thomas Ludford who died in 1776 leaving a will in which he appointed Joseph Blount & Charles Blount his executors. They refuse the trust and then Joseph Alexander Senr. took the right of administration without any order or appointment by the court. He then took into his possession the goods and chattles of Thomas Ludford and exposed them to public sale from which he received upwards of 175 pounds. Petitioner has asked Joseph Alexander Senr. to make an acounting of the estate, but he refuses to do so. Petitioner requests that Joseph Alexander Senr. be commanded to appear at next court to answer these charges. Defendant served with a copy of this petition on 5 May 1788 by John Spruill Deputy Sheriff and witnessed by Thomas Spruill.
Transcriber's Notes:
It is difficult to tell if there are two separate estates here, or just one. I have treated it as one estate. The primary document that
confuses the issue is petition in the estate file by Enoch Ludford. In it he claims his father left a will and the executors were Joseph
and Charles Blount, but it says he died in 1776. I think this is an error.
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