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North Carolina
Tyrrell County
Book 1, page 63
22 October 1765
In the name of God amen: I William Mackey of Tyrrel and province aforesaid being sick in body but of sound and desposing memory thanks be to Almighty God for the same and calling to mind the uncertainty of this transitory life do make and ordaine this present writing to be and contain my last Will and Testament hereby revoaking and making void all former and other Wills by me heretofore made.
Imprimis - I give and recommend my soule into the hands of Almighty God who gave it and my body to the Earth to be decently buried at the duretion of my Executors herafter named and my worldly Estate I dispose of in the manner and form following ---
Item - I desire all my just debts be paid as soon as they convenantly can be.
Item - I give and bequeath to my daughter Mary Mackey four negros Viz: Pheby Scotte Bess and Joe & ten cows and calves to her and her heirs forever.
Item - I give to my daughter Hannah Gregory four negros little Pheby and her two children & Nan now in the possion of Samuel Gregory of Chowan County likewise I give to my said daughter Hannah twenty five pounds proclamation money which her husband is now indebtted to me with twenty five pounds like money to be paid by my Executors to her and her heirs forever ---
Item - I give and bequeath to my son Thomas Mackey the House Plantation and the land thereunto belonging whereon I now live and likewise one hundred and fifty acres of land lying in this County joyning the land above mentioned the Deep run swamp & the long branch and one piece of land more in Baufort County in Long acre joyning the land of Col. Robert West the two last mentioned pieces of land I desire my Executors to take out the deed for as soon as admitance may be had to the office for that use appointed likewise one third part of all my stock of cattle hogs horses and sheep after my daughters Marys cattle in this Will mentioned are paid of to him and his heors forever ---
Item - I give and bequeath to my son William Mackey seven hundred acres of land lying on the east side of Kendricks Creek contigeous to this court house likewise as peice of land puchased from Edward Mosley lying on Albemar Sound joyning the lands of Stevens Lee and Joshua Worldly one more piece of land I bought of Isaac Davenport below the marked Poplar and one third part of all my stock of cattle hogs horses and sheep after the Lagacy by this Will given to my daughter Mary is complied with to him and his heirs forever ---
Item - I give to my daughter Elenor Mackey the one third part of my negro slaves after my daughters Hannah and Marys negros as by this Will given are delivered to them likewise one third part of my stock of cattle horses hogs and sheep after the cattle left to my daughter are delivered to her with four pounds sterling one plain gold ring two stone gold irngs one paire of smal gold buttons to her and her heirs forever ---
Item - My will and desire is that the remaining part of my negro slaves be equally divided between my two sons Thomas and William Mackey to them and their heir forever ---
Item - I give to my son Thomas Mackey two large picters and my wearing watch to my son William Mackey.
Item - I desire the land whereon John Little and his wife now lives be sold after their deaths likewise fifty acres of land I bought of William Stealey I likewise desire that all my house hold furniture boooks and plate be sold and the moneys arising by such sale to be eaqually divided between my daughter Mary & Elenour and my sons Thomas and William Mackey.
Item - I desire that the profits arrising from my negors house and plantation whereon I now live with my ferry boat and the remaining part of my Estate be applied by my Executors towards maintaining and edecating my three young children ---
Item - I desire that if any one of my three youngest children should die before they arrive to the age of twenty one years or day of marage in that case the deceased childs part is to be equally divided between the two survivors my meaning is only my personal Estate to them and their heirs forever ---
Item - I give to my daughter Mary Mackey ten pounds proclamation money to purchase her a suite of mouring ---
Item - My will and desire is that my daughter Mary Mackey or her heirs should ever bring any account against my Estate for any thing by her done & performed in that case I desire she nor her heirs should not have ask or demand any part of the Lagacy by the will given to her arriseing and becoming due out of the sals of part of my Estate.
Item - I give to Jane Wadle five pounds proclamation money.
Item - I devise that a mourning ring at five pounds proclamation value be purchased for each of my acting Executors ---
Item - I give to Evan Jones one ring ---
Lastly - I nomenate constitute and appoiint my loving daughter Mary Mackey Executrix Doctor Robert Lenox Robert West and Samuel Gregory Executors of this my last Will and Testament I witness whereof I have hereunto set my hand and seal this twenty second day of October in the year of our Lord one thousand seven hundred and sixty five.
William (his -x- mark) Mackey
Signed sealed published pronounced
and declaired by the said William
Mackey to be and contain his last
Will and Testament in presence
of us who have hereunto subscribed
ourselves witness in the presence
of the Testator
Evan Jones Jurt.
John Cleland
John Smith
Recorded by Fr. Ward Clerk
Note: The words (Viz that the profits arising from my negroes) were interlined before signing.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
September Session 1766
Personally appeared Collo. Evan Jones & John Smith & on their oaths proved the last will and testament of William Mackey deceased & saith that at that time he was of sound mind and memory & that they saw John Cleland sugn as witness at the same time.
Personally appeared Collo. Robert West executor named in the last will and testament of Collo. William Mackey deceased and qualified accordingly.
On motion of Mr. Jasper Charlton atty. {unreadable} Ann orphan of William Mackey Esqr. deceased to choose her guardain; on motion of Mr. William Cumming in behalf of Collo. Robert West to lay over till the morrow in order to certify her age; ordered continued.
Personally appeared Samuel Greasey ? & Mary Mackey executors mentioned in the last will and testament of Collo. William Mackey deceased and qualified accordingly.
Personally appeared Elenor Mackey and of her own free will chose Samuel Gregory guardain of her person & estate enters securities Collo. Robert West & Andrew Knox in the sum of 2000 pounds proclamation money.
Personally appeared Robert Lenox and qualified an executor named in the will of William Mackey Esqr. deceased by taking the oath according to law.
Ordered that Robert West Esqr. and Robert Lenox be guardain of the persons and estates of Thomas Mackey & William Mackey orphans of William Mackey deceased and enters Evan Jones & John McKildo Esqr. with them selves securities in the sum of five thousand pounds proca. money which was accordingly done & the parties acknowledged the same in court ordered recorded and filed.
February Session 1773
On motion of Wy. Ormond atty. at law in behalf of Thos. Respess Esq. who intermarried with Elinor the daughter of Colo. Wm. Mackey an order is granted for a further division of the estate of said Colo. Mackey and Mr. Buncombe Mr. Stepn. Lee & Mr. John Stewart or any two of them are appointed to make the said division and further ordered that the acct. of Doctor Lenox exor. of said deceased be refered to the said three above gentlemen or any two of them to audite & inspect the said acct. & make a report thereon to the next court with a return of such division by them to be made.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.32), Box 32
Mackey, William, 1766
Bond dated 12 Sep 1766 in the amount of one thousand pounds appointing Samuel Gregore guardian to Elenor Mackey orphan of William Mackey Esq. deceased, Collo. Robert West & Andrew Knox securities.
Bond dated 19 Sep 1766 in the amount of five thousand pounds appointing Robert Lenox & Robert West guardians to Thomas Mackey & William Mackey orphans of William Mackey deceased, John McKildo & Evan Jones securities.
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