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Colony of North Carolina
Tyrrell County
Dated 1 November 1751
In the name of God Amen. November the first Day One Thousand Seven Hundred & fifty one. I Thomas Lee of Tyrrel County in the province of North Carolina Yeaman being being very sick & weak in body but of perfect mind & memory thanks be given to Almighty God; therefore calling unto mind the mortality of my body & the uncertainity of this life and knowing that it is appointed for all men once to dye do make & ordain this my last Will and Testament that is to say principally & first of all I give & recommend my Soul into the hands of God taht give it; and my body I recommend to the Earth to be buried in a decent and Christian burial at the discreation of my Executors; nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God; and as touching such worldly Estate ..........(line unreadable)............
Item(?) - I give & bequeath Elizabeth ..... beloved wife one Negro man named Ben one Negroe woman named Amy & one Negro named Ambros Son of said Amy; together with my new riding horse
Item - I give and bequeath to my said wife the fifth part of all my personal Estate.
Item - I give and bequeath the residue and remaining part of my personal Estate to be Equally divided among my four children to wit, Isaac, Mary, Frances & Thomas but in case my said wife shal bring forth another child or children by me begotten then & in such case such child or children to be co-sharers & equal with my said four children in the aforesd. remaining part of my personal Estate;
Item - I give and bequeath to my eldest son, to wit, Isaac afore mentioned all my land lying on the south east side of Connbee Creek in said county exclusive of the parcel of land called Brits & Savorey's together with my plantation lying on the West side of _____(?) Creek known & called by the name of my Cow-pens land the land thereto be___ ..........(line unreadable)................ above mentioned my parcel of land lying on the south east Connbee Creek aforesd. Known by the name Brits & Savorey's together with half of the uper tract of land which is jointly between me & my newphew Stevens Lee to him the said Francis and his heirs forever;
Item - I give and bequeath to my youngest son Thomas aboves the plantation whereon I now dwel together with all my lands lying between Connbee Creek and Morratock River and also the parcel of land to me belonging and lying on the west side Welsh's Creek below Josh Hudson's to him the said Thomas and his heirs forever;
And I constitute make & ordain my trusty & beloved friends Francis Brice Esqr. of Duplin County, Capt. William Mackey & Stevens Lee of Tyrrel County abovesd my full Executors of this my last will & Testament; And I do hereby disalow, revoke & disanul all & every other or former Wills Testaments by me named made ____(?) Or bequeathed ratifying & confirming this & no other ............... Whereas I have hereunto set my hand and seal .................
Thomas Lee
Signed Sealed pronounced
and declared by the said
Thomas Lee as his last
Will & Testament in the presence of
John Nicholls
William Bennet
James Rhoads
North Carolina
Tyrrel County
Present his majesty's justices
These may certify that William Benet one of the subscribing eveidences to the within Will appeared in open Court and make oath on the hily Evangelist of Almighty God that he was present and saw Thomas Lee Deceased sign and Publish and declare the within writing to be and contain his last Will and Testament and that he ws then and at that time of sound and disposing memory and that he saw John Nichols and James Rhoades the other two subscribing evidences sign his name thereto at the same time.
Test Evan Jones Clk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1753
Francis Brice, William Mackey and Stevens Lee executors of the last will and testament of Thomas Lee deceased exhibetd. a petition praying an order to devide the said decedents estate, which was accordingly granted, and ordered that John Hardeson Esqr., Joseph Dwight, and Daniel Garrett Senr. devide the same and make report thereof to the next court.
William Mackey was qualified as executor to Thos. Lees will.
On motion of William Mackey praying an order to sell the perishable part of the estate of Thos. Lee decd., which was accordingly granted.
An inventory of the estate of Thos. Lee deceased was exhibeted into court and proved by the oath of William Mackey Esqr.
September Session 1753
The devission of the estate of Thomas Lee deceased was exhibeted into court.
The account of sales of part of the estate of Thomas Lee was exhibeted into court.
June Session 1759
Personally appeared William Mackey Esqr. one of the excrs. of Thomas Lee deceased exhibited his acct. of the sd. estate. Ordered the sd. William Mackey Esqr. be allowed the balla. of sd. account the sum of 25 pounds, 13 shillings, 10 pence proclamation money having proved the same on oath & ordered to be filed.
September Session 1760
Personally appeared Isaac Lee orphan of Thomas Lee deceased being in the seventeenth year of his agge and chose of his own free will Stevens Lee to be his guardain. Stevens Lee enters for his securities for the due performance of sd. guardianship Joseph Alexander and John Hardison Esqrs. in the sum of one thousand pounds proclamation money.
On motion of Stevens Lee for an order to take into his hands and possession the estate of Isaac Lee orphan of Thomas Lee deceased. Granted.
December Session 1760
Personally appeared Stevens Lee, Joseph Alexander & John Hardison Esqr. acknowledged their bond for the dew perormance of sd. Stevens Lee guardainship of the person & estate of Isaac Lee orphan of Thomas Lee deceased. Ordered recorded.
March Session 1761
Read the petition of Elizabeth Hardy widow of Thomas Lee deceased that her son Isaac Lee be ordered to return from Stevens Lee into her care she having maintained him by a contract of Collo. Wm. Mackey, Francis Brice executors of the estate of sd. Thomas Lee deceased. Refered till the after noon.
June Session 1763
Read the petition of John Harremond praying a devision of the estate of Thomas Lee deceased &c ordered that the following gentm. or any two devide the estate of the aforesd. Lee & make return to our next court viz. Collo. Robert West, Collo. William Mackey, & Stevens Lee Esqr.
March Session 1764
Capt. Henry Heremond returned a devision of the estate of Thomas Lee deceased ordered to be recorded & filed.
On motion of John Johnston atty. in behalf of Elizabeth Hardy to take the estate of Thomas Lee deceased into her hands &c. Granted by the consent of the executors. Ordered that the following gentlemen viz: inspect and settle with the sd. acct. & report the same to our next court viz: Collo. Robert West, Colo. Jones & Francis Ward or any two of them.
June Session 1764
Ordered that William Mackey and Stevens Lee Esquires executors named in the last will and testament of Thomas Lee deceased having settled and exhibited their accounts ursuant to last court order it is further ordered that the sd. William and Stevens deliver the estate of the sd. Thomas Lee deceased or so much as is in their possession unto Elizabeth Hardy widow of the sd. Thomas and Henry Herrimand.
Stevens Lee exhibited his account with the estate of Thomas Lee deceased by which it appears there is ballance of thirteen pounds eight shillings and eleven pence proclamation money due to the estate of the sd. Thomas Lee ordered filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.27), Box 27
Lee, Thomas, 1753
Division of the estate of Thomas Lee deceased on 6 Aug 1753 by Daniel Garrett, Joseph Dwight & John Hardison. The widow
agrees with changing her share from the one fifth cited in the will to one sixth {another child born not named in will}. Devisees include:
Widow - one negro named Harry.
Isaac Lee the eldest son of the deceased - a negro named Ben.
Mary Lee daughter of the said deceased - one negro man named Jo and one negro boy named Jack.
Francis Lee the second eldest son of the deceased - one negro woman named Cloe.
Thomas Lee the third son of the said deceased - one negro girl named Phebe and one negro boy named Quaqua ?.
Stevens Lee the youngest son - one negro girl named Dinah and one negro girl named Rose.
Some of the estate was reserved by the executors to pay debts.
Petition January Term 1799 by Henry Harramond. At his death, Thomas Lee was possessed of a 620 acre tract of land called the House Landing. Thomas Lee had issue Mary Francis & Thomas and he bequeathed the said land to his son Thomas Lee who since departed this life. The said land then fell by descent to Francis Lee who also departed this life and then fell by descent to Mary Lee late the wife of your petitioner by whom your petitioner has had several children and is now entitled to the life rent use of the same. That Elizabeth Lee the wife of Thomas the elder had her dower layed off and Francis married a certain Sarah Lee now the widow Crooke and departed this life which means that the said Sarah was entitled to her dower in the premises not laid off to the widow of Thomas Lee the elder which was one third of the two thirds. The dower has never yet been laid off and your petitioner for the benefit of all concerned being the natural guardian of the heirs entitled and in his own right and for the accomodation of the widow and to prevent any dispute is desirous that the dower of the widow be laid off in the House Landing tract and also on another tract of seven or eight hundred acres on the east side of Conneby Creek. Petitioner requests a subpoena issue to Sarah Crooke, widow of the deceased Col. Crooke, to show cause why the same should not be laid off. Flyleaf says Sarah Crooke is now dead.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Sarah Lee to Clement Crooke on 6 Jun 1774, Michael Hearn security; also
Elizabeth Lee (widow) to Evan Jones on 20 Feb 1752, Thomas Lee & William Mackey securities; also Elizabeth Lee (widow) to Thomas
West on 14 Aug 1753, William Mackey & Evan Jones security.
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