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Colony of North Carolina
Tyrrell County
Dated 20 February 1746/7
In the name of God Amen I Stevens Lee of Tyrrel Count & Province aforsd: Gen being of sound & perfect mind & memory but calling to mind ye uncertainty of htis mortal life do make & ordain this to be my last Will & Testament hereby revokeing disanuling & makeing void all former Wills & Testaments by me heretofore made
Imprimis - I bequeath my Soul to Almighty God who gave it, and my body to be decently buried at ye discretion of Executors hereafter named and as to such worldly Estate wherewith it hath pleased God to bless me I give & devise ye same in ye manner following
Item - It is my will & desire yt all my lawfull debts be truely & Honestly paid by my Executors as near as posible in kind & value as they shall appear to be due.
Item - I give & bequeath to my son Stevens Lee my plantation & land at ye mouth of Kindricks Creek with what lands remain unsold of ye lands called midle neck tracts, and also my two thirds of ye grist mill and also my plantation & tract of land at ye mouth of White Oak called Cedar Point, with all my stock of cattle, mairs & hoggs yt are on ye sd plantation at White Oak called Cedar Point with their increase, and also what cattle are to be put to my tennant at Cedar Point according to my agrement with my sd tennant, all which parts of ye mill, lands, ....(unable to read rest of line)..... & hoggs I give to my sd. Son Stevens Lee to him & his heirs forever.
Item - I give & bequeath to my son Stevens Lee one third part of all my Negroes with one third part of all my house hold goods to him & his heirs forever.
Item - It is my will & desire yt my dear & loveing wife Elizabeth have the use & Ocupation of any one of my plantations & tracts of lands she shall choose to live upon dureing her natural life.
Item - I give & bequeath unto my sd. loveing wife Elizabeth all my stocks of cattle, horses, sheep & hoggs yt belong to me in Tyrrel County, with one third part of all my Negores, and one third part of all my houshold goods to her & her heirs forever
Item - I give & bequeath unto my daughter Frances Lee my plantation & land whereon I now live called Cabbin Neck, with my plantation & land where Joseph Haire now lives, and also all my stocks of cattle & sheep yt are on sd plantation where Joseph Haire now lives with the two mairs their increase and also one third part of all my Negroes with one third part of all my household goods; all which lands, stocksof cattle, sheep, mairs, household goods & Negroes I give to my sd daughter Frances Lee to her & her heirs forever.
Item - It is my Will & desire yt in case my wife bare to me another child ___ sd. Child shall have ye plantation & land lying at ye mouth of Kendricks Creek called ye Brick House, which I have before in this Will given to my son Stevens, and also yt my Negroes, Cattle, hoses, sheep, hoggs & houshold goods before in this will given my son Stevens & daughter Frances, be equally divided amongst my said children, Stevens, Frances & ye other, if born to me as aforsd. all which I give to them & their heirs forever.
Item - If my son Stevens deceas before he arives at ye age of twenty & one years or day of marriage; it is, in such case, my will & desire yt ye whole Legacy by this will given to him, both real, & personally provided I have no child hereafter by my wife Elizabeth goe to my daughter Frances to her & her heirs forever; except ye plantation & land called ye Brick House, on ye East side & at ye mouth of Kendreks Creek, which in such case I give to my wife Elizabeth & her heirs forever; but if it should so happen yt my son Stevens deceas as aforsd. & yt I should have a child by my wife Elizabeth hereafter if it should be a son, it is my will & desire yt he have ye whole Lagacy by this will given to my son Stevens boath real & personall to him & his heirs forever, but if it should be a daughter that then it is my desire yt she have as much out of ye Lagacy by this Will left to my son Stevens as to make her fortune of equal value to what I have by this will given to my daughter Frances yt is if ye Lagacy by this Will given to my sd. Daughter, if born as aforesd., be not of equal value with what is by this Will given to my daughter Frances yt it be made up to her out of the Legacy herein given to my son Stevens & yt ye rest of ye sd Legacy given to my son Stevens be equally divided between my daughter Frances & my other daughter, if born as aforesd., to them & their heirs forever. If my daughter Frances deceas before she arrive at ye age of twenty & one years or day of marriage, and yt I should have no other child by my wife Elizabeth, In such case it is my Will & desire yt my son Stevens have ye whole Legacy by this Will given to her boath real & personal to him & his heirs forever; except ye plantation whereon I now live, which in such case I give to my wife Elizabeth & her heirs forever; but if I should hereafter have a child by my wife Elizabeth, and my daughter Frances deceas as aforsd., in such case it is my Will & desire, if it should be a daughter yt she have what by this Will I have given to my daughter Frances, but if it should be a son, in such case it is my Will & desire yt my whole Estate boath real & personal except ye Lagacyes by this Will given to my wife Elizabeth be equally devided between my sons Stevens & ye other if born as aforsd.
Item - I give & bequeath unto my loveing wife Elizabeth a tract of land containing one hundred acres lying on ye back of where I live called ye New Land to her & her heirs forever.
Lastly - I nominate & appoint Col. Robert West, Cullen Pollack & Thomas Lee Esq.& Mr Robert West Jun. Executor of this my last Will & Testament hoping yt they will see the same duely executed; In testimony whereof I have hereunto set my hand & seal this 20th day of February Anno Domini.1746/7.
Stevens Lee
Signed Sealed & Delivered
in presence of us
Wm Mackey
John Gomm
John Hughes
North Carolina
Tyrrel County
At a Court of Quarter Sessions ____
opened and held at the Court House on Kendricks Creek
on the fifth day of June for the said county.
Present his majestys Justices
The Last will and testement of Stevens Lee Deceased was exhibited into open Court and proved by the oath of John Gomm a subscribing Evidence thereto and on motion of Thomas Lee who qualified as Executor of said Will & Praying an order for Letters Testramentary which was granted; and ordered that the Honable Nathaniel Rice Esq. Secretary ___ Deputy have notice thereof that Letters may issue accordingly.
Test Evan Jones Clerk Court
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1752
Ordered that Thomas Lee executor of the last will and testament of Stevens Lee Esqr. deced. pay or cause to be paid unto Edmund Smithwick Esqr. all the money he hath in hands that was due by the said decedent to this county.
March Session 1753
On motion of Mr. Stevens Lee praying an order to have his estate into his own possission, the same is accordingly granted and ordered he give security to indemnify the executors of Thos. Lee deceased which he accordingly enters John Daley and Thos. West and that the clerk prepare the bonds.
The petition of Francis Lee was exhibeted into open court praying a guardain. The court therefore appoints Mr. Thomas West gaurdain, he giving security by Edmd. Smithwick Esqr. and Evan Jones.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.27), Box 27
Lee, Stevens, 1750
Division of the estate of Stevens Lee deceased by order of court on 6 Dec 1750:
Elizabeth Lee - Six negroes named Peter, March, Dido, Daph, Jack & Adam
Stevens Lee - Six negroes named Dick, Duroy, Abbigal, Emperour, Jenny & Little Dick
Francis Lee - Six negroes named Old Sam, Rose, Boss, Hercules, Young Sam & Eve
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