In the name of God amen: I Edward Overton of this State of North Carolina and County of Tyrell this 26th day of September in the year of our Lord one thousand eight hundred and seven being weak in body but in perfect and sound mind and memory thanks be given to Almighty God for the same calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of I give and recommend my soul into the hands of God who gave it nothing doubting but I shall receive the same again by his mighty power at general resurection impress it on my will & dwsire that all my just debts and funeral charges be paid by my executors hereafter to be named ---
Item - I lend and bequeath to my well beloved wife Mary Overton the use and privilege of all my lands with all my farming utensils during her natural life or widdowhood ---
Item - I give unto my well beloved daughter Charlotte Davenport the sum of one dollar ---
Item - I give unto my well beloved daughter Polly Davenport one dollar ---
Item - I give unto my well beloved daughter Nancy Overton one bed and furniture one cow and calf one linnin wheel ---
Item - I give unto my well beloved daughter Silvy Overton one cow and calf one bed and furniture and one linen wheel ---
Item - At the marriage or death of my wife I give unto my well beloved son Thomas Overton all my right or mesuge of lands ---
Item - I at marriage or death of my wife I give and bequeath unto my well beloved sons Edward and Asa Overton all the rest of my movable estate also all the rest of my household furniture to be equally divided between them two that is to say Edward and Asa Overton.
I do hereby constitute and appoint my beloved wife Mary Overton my sole executrix and my well beloved son Francis Overton executor of this my last Will and Testament revoking all and every former or devise by me hereafter amde ratifying and confirming this and no other to be my last Will and Testament in witness whereof I have hereunto set my hand and seal the day and year above written.
Edward Overton (Seal)
Signed and Sealed in
the presence of us
Rodger Snell
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
May Session 1808
The last will and testament of Edward Overton was proved in open court by the oath of Roger Snell will filed in office.
August Session 1808
Polley Overton came into court & decented from the last will and testament of Edward Overton deceased and claimed her shair of the deceaseds estate agreeable to act of assembly Paul Thoroughgood Henry Alexander and Abram Alexander Esquires.
Polly Overton returned in court an inventory of the estate of Edward Overton deceased on oath.
Ordered that Polly Overton be appointed guardian of her two children Asa & Edward Overton has given bond in the sum of five hundred pounds & gives for security Peter Marriner & Nathan Spruill.
September Session 1809
Ordered that a citation issue against Polly O. Gyles to bring her into next court to give new securities for the guardianship of her children agreeable to request of the former securities who pray to be released from their bond.
December Session 1809
Ordered that Peter Marriner and Nathan Spruill be released from their securitieship to the guardian bond given by Polly Overton and themselves for the guardianshhip of the orphans of Edward Overton deceased and that Jeremiah Gyles be appointed guardian to Edward Overton & Asa Overton orphans of Edward Overton deceased and has given William Hatfield & James McCabe securities 500 pounds justices present Abram Alexander Thomas Leigh & Jeremiah Wynne Esqrs.
Ordered that Jeremiah Gyles have leave to sell the perishable estate of Edward Overton & Asa Overton orphans of Edward Overton deceased & make return to next court.
March Session 1810
Jeremiah Gyles came into court and returned on oath the account of sale of the moveable estate of Asa Overton and Edward Overton orphans of Edward Overton deceased.
July Session 1812
Ordered that Benjn. Spruill Solomon Hassell and Richd. Wood Esqr. be appointed to audite and settle the accounts of the estate of Edward Overton deceased with the executors and make return to next court.
April Session 1814
Ordered that John Davenport be appointed guardian to Edward & Asea Overton & have entered into bond in the sum of two hundred and fifty pounds Daniel Bateman & Joh Bateman securities.
Ordered that Richd. Wood Esqr. Daniel Bateman & Jas. Wood audite & settle the estate of Edward Overton deceased with the guardian of the heirs & make return to next term.
July Session 1814
The audited account of Edwd. Overton deceased was returned to court with the vouchers & ordered filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.36), Box 36
Overton, Edward, 1808
Bond dated 3 Aug 1808 in the amount of five hundred pounds in which Polly Overton is appointed guardian to Edward & Asa Overton orphans of Edward Overton deceased, Peter Marriner Senr. & Nathan Spruill securities.
Bond dated 26 Dec 1809 in the amount of five hundred pounds in which Jeremiah Gyles is appointed guardian to Edward & Asa Overton orphans of Edward Overton deceased, William Hatfield & James McKabe securities.
Account of sales of the estate of Edward Overton deceased on 8 March 1810. Principal buyer was Jeremiah Gyles, but also Nathan Bateman, Peter Davenport, John Norman, Asa Davenport, Abel Cohoon, Francis Overton, William Davis, Levi Bateman, Shadrick Alcock, Uzzah Phelps, Zebulon Tarkenton, Uriyah Caswell, Uriyah Phelps, Richard Wood, Thomas Weatherly & Frederick Davenport.
Bond dated 13 Apr 1814 in the amount of five hundred pounds in which John Davenport is appointed guardian to Edward & Asa Overton orphans of Edward Overton deceased, Daniel Bateman & John Bateman securities.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Jeremiah Gyles to Mary Overton (widow) on 16 May 1809, Jesse Gyles security; also
the marriage of Edward Overton to Mary Parsons on 7 Apr 1783, George Wynne security.
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