State of North Carolina
Tyrrell County
Book 3,
page 19
4 Mar 1848
In the name of God amen, I Ebenizer
Pettigrew of Magnolia Tyrrel County die in the full faith & religion of
my father & with firm hope of a resurection to a better and happier world-
With regard to the worldly goods which an indulgent providence has bestowed on
me I devise as follows-
Impremise- I give unto my dear children in common for there own particular
use my cimetary at Benerva on Lake Phelps. The extent & title to which will
be more clearly shown by deed from Charles L. Pettigrew bearing date
1846- to the Trustees or vestry of the protestent Episcopal Church called St.
Pauls in the town of Edenton, hoping that they will never reject the spot on
which reposes in peace so many that are dear to them-
Item- I give & bequeath to my son Charles L. Pettigrew one man
named Levi which negro man he has in possession, I also give to him my
land in Scuppernong as follows. The lands that I bought of Charles
Batemon, Jeremiah Phelps, John B. Beasley which formerly belonged to
Hardy N. Spruill of cool spring also the land I bought of Hardy H.
Phelps and where he now lives the lands are all adjoining & the deeds
for which he will find among my papers, & which lands I give to him and his
heirs forever. But if I should sell the above lands then devise to him the
amount without interest that there lands sold for to be paid by my executor-
Item- I relinquish to him my son Charles all my right to the cattle
which he has in possession also I give to him all my books he has at his house,
also my old barouch & harness to him & his heirs forever-
Item- I give & bequeath to my daughter Mary B. Pettigrew twelve
thousand dollars to be paid to her by her brother Charles L. Pettigrew’s
note due to me, which sum when paid to her, shall be a discharge of that amount
due to my estate, by my son Charles-
Item- I give & bequeath to my son J. Johnson Pettigrew my negro
boy Dimic.- I also give to my said son J. Jonson Pettigrew fifteen
thousand dollars to him & his heirs forever in the conditions heretofore
mentioned-
Item- I give & bequeath to my daughter Ann B. S. Pettigrew one
negro girl Margaret, also a watch & appendages, likewise twelve
thousand dollars to her & her heirs forever- on the conditions hereafter
mentioned, namely- The above sums devised to my son J. Johnson Pettigrew
of fifteen thousand dollars & to my daughter Ann B. S. Pettigrew of
twelve thousand- Shall not be paid to them until they ratify & confirm all
sales that I have made of real estate in which he or she may be interested &
releaving all claims for any sum or sums I may be indebted to him or her, &
if either on arriving at full age shall refuse to satisfy & confirm such
sales or to execute such releases then the share of the one refusing is to be
divided among all my other suviving children; but it is my intent that until my
said son J. Johnson Pettigrew & my daughter Ann B. S.
Pettigrew respectively attain to age of twenty one years, that they shall be
respectively entitled to receive the interest on the several sums above
mentioned, but in their attaining respectively the age of twenty one they are
not to be intitled to the principal sums until after ratifying confirming &
releasing as aforesaid-
Item- It is my desire that my sons Charles & William S. Pettigrew
shall not be forsed by proces of law to pay the above legaces to there brother
and sisters in less than five years after they respectively arrive at age,
provided they punctually pay to them the interest and also that the principle is
safely guarenteed to the legatees, but if my sons Charles & William
should think proper to pay a part or the whole legacy before that time they
shall have the privelige to do so-
Item- I give & bequeath to my son William S. Pettigrew all the
remainder of my property not before divised of whatever nature it may be Viz
Real. Personal & perishable to him & his heirs forever, he paying my
just debts, funeral expences, &c. also the legaces of fifteen thousand
dollars to my son J. Johnson Pettigrew & the legacy of twelve
thousand dollars to my daughter Ann B. S. Pettigrew also furnishing for
her the gold watch & appendages. These lagaces only to be paid in the
conditions above mentioned in this my will, and I further injoin it an my son
William as one of my last request that he shall never become security for
any person for, more than the interest his property will pay in one year &
not for that amount until he is free from debt-
Item- It is my will that if either or both of my children J. Johnson
Pettigrew or Ann B. S. Pettigrew should die before they arrive at age
that my son William S. Pettigrew retain the legacey divised to him or her
in fee simble-
Finally- I constitute ordain & appoint my son William S. Pettigrew
sole exector of this my last Will & Testament revoking all others heretofore
made by me In witness whereof I have hereunto set my hand & seal this 4th
day of March anno Domini 1848.
E. Pettigrew (Seal)
Signed sealed executed & published in presence of us Thos. Lewis
State of N. Carolina, Tyrrel County, Court of Pleas & Quarter sessions
October Term 1848. Then was this paper writing exhibited in open court by
William S. Pettigrew & proved as the last Will & Testament of
Ebenezer Pettigrew by the subscribing witnesses as passing realty &
personalty & ordered to be registered-
Jos. Alexander Clk.
D. P. Davenport
Benja. Phelps
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Updated May 3, 2001
Mike Schoettle