Return to Tyrrell County Probate Records In the name of God amen. I Cullen Pollock gent calling to mind the uncertainty of ye mortal life & that all flesh must dye do make & ordain this to be my last will & testament, herby revoking, disanuling, & makeing void all former wills & testaments by me heretofore made.
Imprimis, I bequeath my soul unto almighty God and my body to be decently buried at ye discretion of my executors hereafter named, and as to what worldly estate it hath p;eased God to bless me with I give and dispose of as followeth.
Item. I give and bequeath unto my loveing wife Frances Pollock one plantation and tract of land at Matchapungo River in Hide County; and also one lott of land in Bath Town in Beaufort County and also ye negroes following (viz.) Bess and her seven children, Harry, Morea, Cesar, Prince, Bristoll, Betty & Edenboarg boath the lands and the negroes to her & her heirs for ever with 1/6 part of all my household goods, stocks of horses cattle sheep & hoggs to her & her heirs for ever.
Item. I give unto my loveing wife Frances Pollock the use and occupation of any one of my plantations that she shall chuse with ye use of the negroes following Pappa, Seesar & great Rose, Cajo & his wife Pegg, Will & his wife Sarah with their daughter Moll & son Pomp, (the land and negroes during her life) and after my wifes death it is my will & desire that ye land and negroes herein left to her during her life (and not to her and her heirs forever) go to my children as hereafter directed, that is to say to be equally devided betwen my sons, Cullen & George with ye land & negroes hereafter given them.
Item. I give and bequeath to my nephews Cullen & Thomas Pollock sons of my brother Thomas Pollock deceased all ye stock & cattle at the plantation on Salmon Creek where my brother George Pollock deceased, about fifty & four head which were drove to my said nephews quarters above black rock and also the negroes following (viz.) Frank and his wife Dina with their children, George, Frank, Joshua, Old Nanne now Old Dicks wife, Bodwin and his wife Hoope & their four children Jamie, Sesar, Todga, & Moses, the boy Dowe, Jamie and his four children that he had by his wife Patience or rather Patiences four children; Janie & Hanna, Pat & Mingo; Jack the cooper. Little Rose and her two children Dinah & Sesar with their increase to be delivered to my nephews when they arrive at the age of twenty & one years to them and their heirs for ever; but if neither of my said nephews shall arrive to the age of twenty & one years, nor at their decease leave any lawfull issue, that in such case it is my will that the legacy hereby given to them goe to my children to be devided as followeth, that is to say, 2/7 part to my son George, 2/7 parts to my son Cullen, 1/7 part to my daughter Martha, 1/7 part to my daughter Frances & 1/7 part to my daughter Mary to them and their heirs for ever: and I do hereby declare that ye legacyes by me given in this will to my nephews ye sons of my brother Thomas Pollock in conformity to a trust lodged & reposed in me by my brother George Pollock, the consideration for two bills of sale and (?) I declared in my answer to Mr. Thomas Blount & his wife's petition to the Genral Court of this province: and further in conformity to ye same it is my will that if any part of my brother George Pollacks personal estate by ye suit that Mr. Thomas Blount & his wife formerly brought for 1/2 of the said estate; or if any part of ye estate be hereafter recovered by any suit that hereafter be brought by Mrs. Elizabeth Blount now widow of the said Thomas Blount or by any other person on account of her claim to my said brothers personall estate by being his widow; that in such case the aforesaid legacyes to my said nephews Cullen & Thomas be charged with one half that may be recovered as aforesaid and also one half the charges that I have beeb at in defending ye said estate and also one half of ye like charges that may accrue hereafter to be paid out of the legacyes given to my said nephews and the other half to be paid proportionably out of ye legacyes given to my wife & children of my personal estate, that is, those that have little pay little, & those that have more pay more, in proportion to what they have, so as to pay one half so recovered, with one half the charges.
Item. I give and bequeath unto my daughter Martha Pollock all the plantation & tract of land lying upon a branch of Trent River called the halfe way house in Craven County containing about seven hundred & tenn acres upon which Jacob Sheets now lives; with thirteen negro slaves; that is my negroes or slaves being devided thirteen in each parcell or lott & each parcell or lott to be as near as possible of equal value and my said daughter Martha to have one parcell or lott, with one sixth part of all my household goods, stocks of horses, cattle hogs & sheep; all which negroes with the sixth part of the stocks and household goods aforesaid: to her and her heirs for ever.
Item. I give and bequeath unto my daughter Frances Pollock one plantation & tract of land in Tyrrell County called the deaded woods contained in two pattents, one in the name of William Milton, ye other in the name of Richard Milton, and by them sold to Jno. Adderly of whom I have his deed for 1280 acres, lying on Coneho Creek in Tyrrell County, and also thirteen negroes or slaves of equal goodness & value to those I by this will give to my daughter Martha, with one sixth part of all my stocks of horses, cattle, sheep, & hogs, and also one sixth part of all my household goods, all which land negroes, household goods, & stocks aforesaid I give to my daughter Frances to her & her heirs for ever.
Item. I give and bequeath unto my daughter Mary one plantation and tract of land in Bertie County containing six hundred and forty acres on ye Roonaroy Meadows, lying betwen land that belonged to my brother Thomas, land that belonged to Coll Jones, and land that belonged to Coll. Maule ye patent in my brother Georges name & dated ye second day of August anno dom seventeen hundred and twenty six, and also thirteen negroes or slaves of equal goodness and value of those that I by this will give to my daughter Martha, and also one sixth part of all my household goods, stocks of horses, cattle, sheep & hogs, all which land negroes, household goos, stocks of horses, cattle, sheep & hogs I give to my said daughter Mary to her & her heirs for ever. {Interlined} And it is my will and desire that ye legacyes herein given to my daughters be delivered to each of them as they shall arrive at twenty one years or at the day of ye marriage whichever first shall happen. {End Interline}
Item. I give and bequeath unto my two beloved sons George Pollock & Cullen Pollock all my estate boath real & personall which is not before in this will bequeathed to be equally devided between them & each of them to have his equal part to him & his heirs for ever: my son George to have his part when he shall arrive to the age of twenty one years: and my son Cullen to have his part delivered to him when he shall arrive at ye age of twenty & one years & that my son George have the first choice in the devision.
Item. It is my will & desire that if one of my sons either George or Cullen shall dye before he arrive to ye age of twenty & one years or day of marriage that ye legacy of my personal estate by this will given to him who so dyeth be devided among my children surviving as followeth (viz.) one half to my son surviving & ye other halfe to be devided equally amonst my three daughters aforesaid.
Item. It is my will & desire that if one of my daughters Martha, Frances or Mary shall dye before she shall arrive at the age twenty & one years or day of marriage that ye legacy of my personall estate by this will given to her that so dyeth be devided amongst my children surviving as followeth (viz.) two thirds to my two sons George & Cullen to be equally devided between them & the other third to be equally devided among my daughters surviving: and it is my will & desire that if two of my daughters shall deceas before they arrive to the age of twenty one years, or day of marriage, that the legacyes given them by this will of my personall estate that so dyeth, be devided amonst my children surviving as followeth (viz.) four fifths to my two sons George & Cullen to be equally devided between them and ye other fifth to my daughter surviving. Item. It is my will and desire that whatever just debts appear against my estate (except what I have before directed) that it be immediately paid out of the ready money & slaves or out of ye debts due to me. Item. It is my will & desire that my three daughters have as good veducation as can be had in this province & that my two sons when they have got what learning they can have in this province that they be sent to Boston for further education, & there to remain until they be eighteen years of age in ye care of some discrete person to direct what education will be most usefull & that all charges ariseing for & towards educating my children as aforesaid be paid out of the profits of my whole estate bequeathed to my children.
In the original here is seventeen lines erased with the following wrote in the margin. "Notes this clause was wrote when when my wife was bigg with Mary my youngest daughter now of no use. Item. I give and bequeath to my daughter Elizabeth to her and her heirs for ever two thousand acres of land to be laid off out of a tract of land that my brother George Pollock formerly rented to Edward Buxton in Bertie County, the pattent contains 4700 acres and dated ye 13th day of May Anno Dom 1714. I also give and bequeath unto my said daughter eleven negroes to be taken out of the foregoing legacyes as followeth (viz.) one from my wife Frances's part, two from each of my aforesaid daughters parts and four from those negroes before given to my two sons, to be devided, or shared out to her, in the same manner as before by this will is directed for my (?) children. And also I bequeath to my said daughter one seventh part of all my stocks of cattle, horses, sheep, hogs & household goods, to be taken out of the legacyes in this will before bequeathed to my wife & children, so as that my wife & children may each of them have equal part thereof. Furthermore it is my will & desire that this legacy be delivered into the possession of my daughter (if it be a girl) when she arrives at the age of twenty one years or day of marriage whichever first shall happen, but if she should decease before the age of twenty one years or day of marriage it is my (?) that this legacy be utterly void, and the foregoing legacyes remain in every respect as they are.
Lastly, I nominate & appoint my beloved wife Frances executrix and my loveing bro. Colo. Robert West, Stevens Lee Esq., Wm. Catheart Esq. & Mr. Robert West executors of this my last will & testament hereby revoking all other wills & testaments by me in any ways heretofore made and hopeing (if occasion be) that my said executrix & executors will see the same duely executed. In testimony whereof I have hereunto to set my hand & seal this 13th day of August anno dom 1749. The words (my daughter Elizabeth to her) were interlined before the signing sealing & publishing of this present will as also Wm. Catheart Esq..
Cullen Pollock
Signed, sealed, Published & declared
in the presence of Elizabeth Lee
John Gomm William Hanward
North Carolina, Tyrrell County
June County Court 1751
Present his majestys justices
These may certifie that the within will was proved in open court by the oaths of John Gumm & William Hansford subscribing evedences thereto that they saw the Hon Cullen Pollock Esq deceased sign seal publish & declare the within contains his last will and testament and he was then at that time of sound and disposeing memory then also appeared Col. Robert West and Capt. Robert West executors to the said will and were duely qualified by taking the oath by law appointed to be taken by executors. Ordered that the Hon Nathaniel Rice Esq. Secretary of this province or his Deputy have notice that letters testamentary issue thereon as the law directs.
Test Evan Jones Clk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1751
The last will and testament of of the honorable Cullen Pollock Esqr. deceased was proved in open court by the oath of John Gum and John Lain subscribing evidnces thereto in due form of law. Then appeared Coll. Robert West and Capn. Robert West executors to said will and was duly qualified as the law directs. pd.
September Session 1751
An inventory of the estate of the Honbl. Cullen Pollock Esqr. deceased was proved in open court by the oath of Capt. Robert West in due form of law.
September Session 1754
Majour Robert West exhibeted a petition praying an order to devide the estate of the Honorable Cullen Pollock Esqr. deceased which accordingly was granted, and ordered that Majr. William Mackey, Capt. Thomas West, John Hardison, John Daly and Evan Jones devide the same according to the decd. will and that return thereof be made at the next court.
June Session 1757
On motion of Saml. Johnston praying deviders to devide the negros left by the will of Cullen Pollick deceased to his wife during her life be divided acording to said will. William Gray, Giles Long, Jacob Blount Senr. and John Hardison Esqr. or any three of them & return the same to next court.
September Session 1757
Jacob Blount returned the division of part of the negros of Culling Pollicks estate persuant to an order of this court. Ordered to be filed.
December Session 1757
On motion of Majr. Robert West praying a division of ye estate Culling Pollick Esqr. deceased, ordered that William Mackey Esqr., John Daly, Giles Long and Francis Ward divide the same and make the return of their proceedings to next court.
June Session 1758
Article of Agreement of three parts indented made and concluded between Robert Lenox of Edenton in North Carolina practitioner in phisic & surgery of the first part, Frances Pollick of Tyrrel County in the province of North Carolina daughter of the honourable Cullen Pollick late of Tyrrel County aforesd. Esqr. deceased of the second part, and Robert West of Bartie County Esquire and Robert West the younger of the same county Esquire of the third part as followeth whereas a marriage is shortly intended to be had and solemnized between sd. Robert Lenox and the sd. Frances Pollock with whom the said Robert Lenox is to have and receive a valuable personal estate consisting of twenty negro slaves and upwards besides other moveables to be delivered and paid by the sd. Robert West and Robert West the younger or who have possession of the same being executors of the last will and testament of the sd. Cullin Pollick deceased and the sd. Frances moreover intitled to and in her right seized of and in & to a valuable tract of land in Tyrrel County aforesaid it is therefore covenanted and agreed by & between the sd. parties to these presents in manner & form following that is to say first the sd. Robert West and Robert West the younger being executors of the sd. Cullen Pollick deceased as afsd. and haveing the care of the sd. Frances Pollick and the personable estate which will become due & payable on her marrage do for themselves their heirs executors administrators covenant and agree to and with the sd. Robert Lenox and Francis Pollick his intended wife in case the sd. intended marrage shall be had and solemnized that the sd. Robert West & Robert West the younger their heirs executors administrators shal and will on the reasonable request of the sd. Robert Lenox after the celebration of the neptials between the sd. Robert Lenox and the sd. Francis Pollick so intended to be had and solemnized as aforesd. deliver and pay to the sd. Robert Lenox the aforesd. twenty negro slaves and all other moveables & personal estate to which the sd. Francis by the last will and testament of the sd. Cullen Pollick deceased will be intitled and which the sd. Robert Lenox in virtue of the marrage afsd. will have right to receive and for as much as the sd. Robert Lenox is not at present seized or possessed of an estate sufficient to make a joyntere for the sd. Francis Pollick his intended wife equivalent to her fourtune the sd. Robert Lenox for himself his heirs executors administrators for and in consideration of the sd. intended marrage and of the sd. estate before mentioned to be delivered and paid by the sd. Robert West & Robert West the younger as afsd. and of all the benefit and advantage to which by the intended marrage afsd. he will be intitled to doth covenant, grant and agree to & with the sd. Robert West and Robert West the younger their executors and administrators that in case the sd. marrage shall take effect and the sd. Robert Lenox should happen to die in the lifetime of the sd. Francis Pollick his intended wife that he the sd. Robert Lenox shall and will by his last will and testament in writing or otherwise give and assure unto the sd. Francis Pollick the sum of eight hundred pounds of lawfull money of Great Britain or the full value thereof in lands, tennements, goods or chattells to be at her owne disposal and to be by her received and taken to her owne benefit, proper use and behoof and further, the sd. Robert Lenox for himself, his heirs, executors & administrators doth covenant, grant & agree to & with the sd. Robert West and Robert West the younger and their executors and administrators for the consideration aforesd. that the negros before mentioned and the other personal estate which he shall be intitled and in concaquence of the sd. marriage and this agreement he shall receive shall stand chargeable as a security for payment of the eight hundred pounds to the sd. Francis Pollick his intended wife in case the sd. marriage shall take effect and the sd. Robert Lenox shall happen to die in her lifetime. In witness whereof the sd. parties to these presents have hereunto interchangeably set their hand & seals the fourth day of November in the year of our Lord one thousand seven hundred and fifty seven. Signed by Rot. Lenox, Frances Pollock, Robert West & Robert West Junr. Witnessed by Wm. Mackey, Eleanor Mackey & Tamer West. Recorded 29 May 1758 by FR. Ward.
A division of the estate of Cullen Pollock Esqr. deceased was exhibited in court and ordered to be recorded.
December Session 1758
Personally appeared Evan Jones and exhibited the divisan of the estate of the Honl. Culin Pollick deceased and on motion ordered to be filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.40), Box 40
Pollock, Cullen, 1754
North Carolina, Tyrrell County} September Court 1757
Present his Magistyes Justices
These to certifie that we and by an order of our said court William Gray, John Hardison and Giles Long Esq. and Jacob Blount Senr.
were appointed to divide the negroes left by will of Cullin Pollock Esq. deceased to his wife during her life and etc. or any three of the afsd. gent.
and to return the same to next court.
Fr. Ward Clk.
Tyrrell County} Pursuant to an order of said county court passed September the 5th 1757 appointing us the subscribers to devide the negroes that was left
by the Honorable Cullen Pollock Esq. deceased to his wife Frances during her life agreeable to the said deceased's will, we have met and devided
as follows (to wit):
To George Pollock seven negroes - Will, Rose, Pomp, Betty, Grace, West, Cashy
Stevens Lee's part - Cesar, Pegg and to pay the money following persons to: George Pollock 9-16-8 & Frances Pollock 2-9-2.
Signed by John Hardison, Giles Long, Jacob Blount
The division of the estate Cullin Pollock Esq. deceased divided pursuant to an order of court agreeable to the will of Culling Pollock Esq.
Divided into seven lotts of 13 each except one lott of 16 as being small slaves was though was an equal viz.
Lot 1 - T. Boman, Thom Tinker, Young Boman, Old Precilah, Peter, Moll, Molenia, Quamene, Hannah, Joe, Betty, Jimmy, Ruben
Lot 2 - Sipio Carpenter, Donus, Simon, Fatty, Beck, Nancey, Debrah, Seasar, Charles, Mingo, Gimme, Sam, Rose
Lot 3 - Thom Thom, George, Tuck, Cutto, Luca, Pheba, Cate, Cate Senr., Betty, Sam, Steven, Mercury
Lot 4 - Thom Foot, Primas, Venus, Grace, Dick, Nancy, Cate, Jack, Hoppe, Scipio the Cooper, Primas Senr., Frank, Sam, Tom Did{torn}
Lot 5 - Toddye, Old George, Young George, Hannah, Charles, Squire, Ritto, Luke, Nanncey, Seasar, George, Hannah, Manwell
Lot 6 - Cashoy, Cate, Betty, Nancy, Sam, Phillis, Frank, Scipio, Scipo, Dago, Frank, Robin, Johnny, Bess, Sam, Billy
Lot 7 - Seasasor, Juda, Ruth, Betty, Venus, Jenne, Jack, Will, Jack, Moll, Frank, Will at Colberts
Dated 14 Jan 1758 and signed by Wm. Mackey, Giles Long & Jno. Daly
Account of the division in 1757 or 1758 of the estate belonging to the Hon. Cullen Pollock Esq. of Tyrrell County, deceased, according to his last
will and testament.
A listing of stock and personal property allocated to the widow Pollock with she paying 6:19:7 to George Pollock, 5:6:2 to Stevens Lee
and 5:6:2 to Francis Pollock.
A listing of stock and personal property allocated to George Pollock with him paying 10:16:3 1/2 to the widow Pollock, 17:13:3 to Stevens
Lee and 17:13:3 to Francis Pollock.
George Pollock's part of the willed negroes: George, Cate, Hannah, Jack, Manual, Charles, Manual, Sam, George, Cate, --opy, -utto, Frank, -- foot,
Tom Thumb, Johney, Frank, Grace, Deborah, Sasor, -est, Dick, Nancy, ----, Pheby, Nancy, --lly, ---, ----, Gracy, Venus, Betty, David, Jack, Betty, Sally,
Nancy, Stevens, Degan, Pheby.
George Pollock's negroes that came to him by the death of Mary Pollock: Primis, Frank, Seasor, Boman, Frank.
George Pollock's negroes that came to him by the death of Cullen: Sipio carpenter, George, Simon, Todge, Sam at Corbets, Primus, Mingo,
Leah, George, Squire, West, Beck, Cate, Tuck, Nanny, Phillis, Hannah, Rose, Donious, Deborah.
A listing of Stevens Lee's part of the personal estate with him paying the widow Pollock 1:7:0, George Pollock 5:7:0 and Francis
Pollock 3:19:0.
Stevens Lee's part of the negroes: Old Stevens, Charles, Judath, Sally, Con, Duroy, Henry, Hossey, Nancy, Sarah, Sarah, Joe, Manual Ship Carpt.
Stevens Lee's part of the negroes that came to him by Mary Pollock's death: ---d, Cate.
Stevens Lee's part of the negroes that came to him by Cullen Pollock's death: Henry, Sam, West, Manual, Cullo, Rachal, Sella, Antoney,
Jenny, Fatty, Great Joe.
A listing of Francis Pollock's part of the personal estate with her paying the widow Pollock 0:15:10, George Pollock 1:11:6 and Stevens
Lee 1:3:8.
Frances Pollock's part of the negroes: Tom Tinker, Charles Boman, Robin, Abraham, Boman, Janny, Moll, Quamonor, Joe, Hannah, Sellah, Peter, Betty.
Frances Pollock's part of the negroes that came to her by Mary Pollock's death: Cushy, Luke.
Frances Pollock's part of the negroes that came to her by Cullen Pollock's death: Dea--, Venus, Jack, Tom Didy, Frank, Ruth, Seasor,
Judath, Bess, Janny, Young Will, Moll.
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