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Colony of North Carolina
Tyrrell County
Dated 20 April 1738
In the name of God Amen I Richard Leary of ye Precinct of Tyrrel in ye province aforesd being sick & weak in body but in sound & perfect mind & memory thanks be to Almighty God for ye same & calling to mind ye uncertainly of this transitory life & yt it is ordained for all men once to dye do make this my Last Will & Testament in manner & form following. First & principally I comend my Soul into ye hands of Almighty God who gave it, hopeing through ye merrits of Jesus Christ my redemer to receive pardon for all ye sins I have committed; and my Body to ye Earth from whence it was taken to be decently burryed at ye discretion of my Executors hereafter to be named; And as to what worldly goods it hath pleased Almighty God to bestow on me I give & bequeath in manner & form following.
Imprimis - I give & bequeath to my son Cornelius Leary ye lower part of the tract of land whereon I now dwell to be devided by a line of marked trees beginning at the upper Cypress of the two Cypress's standing in the edge of the water of ye sound by ye ditch so to run a parrelell line with ye eastermost side line to the head of the Tract.
Item - I give & bequeath to my loving wife Sarah the other or upper part of ye tract of land whereon I now dwele being ye plantation par dureing ye time of her naturale life & at her deceass I give & bequeath ye aforesd. part of the land & plantation given to my wife as aforesd. unto my son James Leary to him & his heirs forever, be ye same three hundred acres more or less, and further if it should so happen yt my son Conrelious Leary should dye without issue lawfully begotten & that ye lower part of ye sd. Land given to my son Cornelious Leary should not be disposed by him in his lifetime then & in such case my will is that part of ye sd. land be & remain unto my son James Leary & his heirs forever.
Item - I give & bequeath unto my son John Leary one hundred acres of land be ye same more or less being a tract commonly known or called by ye name of Chinequpine Ridge to him & his heirs forever and likewise my youngest mare.
Item - I give & bequeath unto my son Thomas Leary one new Bugy to be purchased by my Executors hereafter named out of the profits of my Estate as my Executors shale have opportunity.
Item - I give & bequeath unto my son Richard Leary one adzs, one drawing knife & one hand saw being tools yt. were part of the Estate I had by my wife.
Item - I give & bequeath unto my three daughters Sarah Leary, Mary Leary & Rebeckah Leary to each & every one of them one feather bed, one pewter dish one pewter bason & one pewter plate ot be delivered to them by my Executors when they shale respectively become of age or on ye day of marryage which shale first happen.
Item - I give & bequeath unto my loving wife Sarah Leary my two riding horses & all my stock of sheep to her own use to be disposed of as she thinks proper.
Item - It is my will yt. all ye rest & residue of my Estate be & remain unto ye use of my loveing wife Sarah & yt. she have use & occupation thereof during her natural life & at her decease Igive & bequeath ye same to be equally devided between my three sons Cornelious Leary, John Leary & James Leary
Lastly - (............unable to read most of one line...........) ...nominate and appoint my loving wife Sarah Leary Executrix and my son Cornelious Leary Executor of this my last will & Testament who I desire to see this my will executed & all my lawfull debts paid, hereby revoking & makeing null & void all other & former wills by me heretofore made. In witness whereof I ahve hereunto put my hand & seale this twentyeth day of April 1738.
Richard Leary
Signed, Sealed, published &
Declared to be my last Will &
Testament in presence of
John Long
Elizabeth (her -E- mark) Long
Elizabeth (her -x- mark) Long
In the presence of us
Anderson Sagg
John Brown
William (his -W- mark) Tetterten
Tyrrel Precinct
September the 5th 1738
This will of Richd. Leary Gent: was proved in open Curt according due form of law by the oath of John Long one of the subscribing Evidences.
Test Anderson Sagg Clerk Court
September the 5th 1738
This may certifie that this Erazement was duly proved to be done by the orders of Richd Leary the day before he died by the oath of Anderson Sagg and William Tetterton two of the subscribing Evidences.
Test Anderson Sagg Clerk Court
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