In the name of God amen: This twentieth day of April eighteen hundred & eleven. I Fredrick Massey of Tyrrell County in the State of No Carolina being in good health & sound mind and memory thanks be given to God for the same, therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make & ordain this my last will and testament in form & manner following that is to say principally & first of all I recomend my soul into the hands of God who gave it me & my body to the earth to be buried in a decent Christian burial at the discretion of my executors hereafter mentioned and as touching such worldly estate where with it hath pleased God to bless me with in this life I dispose of the same in manner & form following ---

First - I lend to Minomy Alexander the use of my manner plantation with all the land & swamp belonging thereunto and all my rites of land with every improvement belonging to the same during her natural life also I lend to Minomy Alexander the use of all my perishable property that may hapen to be remaining on the above premises during her natural life.

Item - If I never should return I leave & bequeath to the lawful heirs of Adkins Massey & Ann Fuller to be equally divided amongst them after the death of Minomy Alexander ---

Item - I make and ordain my beloved friend William Clough my executor to this my lst will and testament utterly disannulling all other allowing this & no other to be my last will & testament in witness whereof I have hereunto set my hand & seal the date above written. signed Sealed Published Pronounced & declared by the sd. Frederick Massey as his last will & testament in the presence of us

Fredrick Massey (seal)

Jessie Alexander
T. Weatherly

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

January Session 1818

The last will & testament of Frederick Massy, ma, this day exhibited in open court and proved by the oath of Thomas Weatherly one of the subscribing witnesses thereto who also swore that the testator at the time was of sound mind & memory, and that he saw Jesse Alexander subscribe his name as the other subscribing witness thereto - - ordered by the court the will be recorded.

October Session 1819

Ordered that the clerk deliver to Richd. Lucas the will of Fredrick Massey deceased which said will being proved in Tyrrell County court & the probate set aside in the Superior Court of said county by petition present the worshipful Enoch Hassell Levi Bateman John Midyett & Abner Sawyer Esquires.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.33), Box 33
Massey, Frederick, 1817

Petition in July Term 1818 by Jeremiah Wynne, Joseph Wynne, Rachel Rowe, Selby Wynne and John Wynne son of Benjamin showing that a paper writing purporting to be the will of Frederick Massey was admitted to probate in January Term 1818. Petitioners state that were not made parties to said will and had no opportunity to oppose it. This will of Frederick Massey lent all his property to Menomy Alexander during her life, and if he never returned he left all his property to the heirs of Adkins Massey and Ann Fuller after the death of the said Menomy Alexander, provided he returned to this state from the westward. Petitioners further state that Frederick Massey did return to this state two or three times. Petitioners are informed that the said Frederick believed that the said will was destroyed and that it was not among the papers of Frederick Massey but among Jesse Alexander's papers. Petitioners further state that the said Frederick Massey did revoke the said will by making another will which your petitioners believe they are able to prove. Petitioners therefore pray that the said will be set aside and a reprobate ensue and the property descend at law, as was the will and desire of the said Frederick Massey. Another page requests that a copy of this petition be served upon Richard Lucas and Rebecca his wife, Elizabeth Salyear wife of {blank}, Sally Hassell and Nancy Phelps wife of Asa Phelps, all of lawful age, and upon Harriet Fuller, an infant, to appear by her guardian Richard Lucas at the next term on the second Monday of October next to answer to this petition.

Summons signed 14 Jul 1818 and issued 30 Jul 1818 for Richard Lucas & wife Elizabeth Salyer Sally Hassell Nancy Phelps and her husband Asa Phelps and Harriet Fuller by her guardian Richard Lucas to be and appear at court on the second Monday in October next to make true and perfect answer to the petition of Jeremiah Wynne and others.

Summons dated the second Monday in July 1818 and issued 4 Oct 1818 for Richard Davis Esquire, Thomas Weatherly Senr., Elizabeth Davenport & Joseph Snell to be and appear in court the second Monday in October to testify on behalf of Richard Lucas et al in a matter in which Jeremiah Wynne et al is plaintiff.

Petition in October Term 1818 by Robert Bartee and wife Mary stating that they are injured by the probate of a paper writing purporting to be the will of Frederick Massey which was introduced for probate by Richard Lucas without any notice to them or opportunity to contest the will They further believe that said will was not the last will and testament of Frederick Massey, since said will was executed on 20 Apr 1811 and believe another will was executed since and he sold all his real estate and removed to another state where he acquired considerable property and did not die until the month of February 1817 in the state of Tennessee to which he had removed himself. Petitioners further show that Richard Lucas was not an executor in the will and had no further interest than marrying one of Frederick Massey's sister's children. Petitioners further show that they believe Frederick Massey's estate is worth about eight thousand dollars, chiefly in personal estate, to which your petitioner Mary is entitled as an heir at law and next of kin.
It is further shown that said Frederick Massey had neither wife nor child; but that he had one brother of the whole blood named Adkins Massey since died leaving children Mary now in the state of Kentucky as they are informed and believe, William an infant in Tennessee and Joyce in the county of Washington, North Carolina an infant.
Said Frederick Massey left also the heirs of his sister Ann Fuller to wit, Rebecca wife of said Richard Lucas, Elizabeth wife of John Salyear, Sarah Hassell, Nancy the wife of Asa Phelps and Harriet Fuller an infant to whom Richard Lucas is guardian, all of Tyrrell County.
Said Frederick Massey also left the heirs of maternal half brothers as follows; the heirs of John Wynne deceased being Jeremiah Wynne, William & Tully in Tyrrell County; & John Wynne, Mary wife of Joseph Garrett, Jemima wife of William Garrett of Washington County. Also the heir and next of kin of Sarah wife of Ezekiel Hardison now deceased of Washingon County, to wit Mary Ann Hardison an infant.
A maternal brother of said Frederick was Benjamin Wynne deceased who left John & William Wynne and Nancy the wife of Samuel Spruill and Mary your petitioner, all of Tyrrell.
Joseph Wynne another maternal brother now living in Tyrrell.
Another maternal brother was George Wynne deceased who left Selby & Benjamin Wynne & Mahala an infant of Tyrrell; & Adkins Wynne and Lydia the wife of Darius Spruill of Washingon County.
And one maternal sister of the one half blood named Rachel Row living in Washingon County.
Petitioners further show that in said will legacies appear to have been given to a certain Menomy Alexander of Tyrrell.

Summons issued 1 Mar 1819 for Thomas Weatherly Richard Davis & Joseph Snell & Uriah Caswell to appear at court on the first Monday in September next to testify on behalf of Richard Lucas and wife in a suit wherein Robert Bertee and wife are plaintiffs and Richard Lucas and wife are defendants.

Answer January Term 1819 to the petition of Robert Bartie and wife by Richard Lucas guardian and next friend to Harriet Fuller an infant himself and wife Rebeccah, and for John Salyear and his wife Elizabeth and for Sarah Hassell & Asa Phelps and wife Nancy. Respondent states that the last will & testament of Frederick Massey was regularly admitted to probate and several of the heirs at law named in the petition were present, including Robert Bartie, and no objection was raised. Respondent also denies that any other last will & testament exists and prays the petition be dismissed.

Appeal bond dated 14 Jul 1819 in the sum of one thousand pounds wherein Richard Lucas and wife bind themselves to prosecute an appeal to the Superior Court in a case they have lost against Robert Bertie and wife concerning the reprobate of the will of Frederick Massey.

There are several other documents dealing with the suit detailed above that add nothing substantive.

Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Robert Bertee to Polly Wynne on 30 Sep 1813, Daniel Bateman security; also Robert Bertee to Lucinda Powers on 13 Jul 1820, Samuel Spruill security; also the marriage of Rachel Wynne to Elkanah Davenport on 8 Feb 1778, William Edwards Sr. security; also Rachel Davenport to Levy Roe on 6 Apr 1785, Robert Wynne & George Wynne securities; also John Salyear to Elizabeth Hassell on 26 Feb 1817, William Wynne security; also Ann Masse to Edward Hassell in 1782, Solomon Hassell security; also Ann Hassell to John Fuller on 10 Nov 1802, Jacob Davenport security; also Nancy Hassell to Asa Phelps on 20 Mar 1815, Urijah Phelps security.
The court minutes relating to the estate of Jeremiah Wynne who died in 1763 show that his wife was named Mary and their children were John, Benjamin, Jeremiah, Rachel, Joseph & George Wynne. Mary Wynne subsequently married Adkins Massey circa 1765. Adkins Massey Senr. wrote his will in 1806 citing sons Adkins Massey Jr. and Frederick Massey and daughter Ann Fuller.
The will of Rachel Hassell written in 1778 shows she had a daughter named Mary Massey at the time. In all likelihood, this is the Mary who was the wife of Adkins Massey Senr. She also cites sons Benjamin & Joseph Hassell and daughters Rachel German, Sarah Merritt & Esther Hardison. Also daughter in law Rachel Wilkins and grandaughter Rachel Fox.
Of further interest will be the will, court minutes and estate papers of the estate of Edward Hassell who died in 1803.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated July 9, 2020
Ellen Kroll