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In the name of God Amen: I Rachel Rowe of the State and County aforesaid, being of sound & disposing mind and memory do make and publish this my last will and testament, revoking all others I have heretofore made in the following manner
Viz:
First - I give and bequeath to my beloved daughter May Spruill one dollar ---
Second - I give to the heirs of my son James Davenport one dollar ---
Thirdly - I give to my daughter Zina Davenport one dollar ---
Fourthly - I give to my son Robert Clever one dollar ---
Fifthly - I give to my son Jno. Rou's heirs one dollar ---
Sixthly - I give and bequeath to my grand child Rachl Rowe daughter of my son William Rowe and her heirs one negro girl named Nelly ---
Seventhly - I give and bequeath to my daughter Sally Davenport one safe and one mug to her son James, also to my daughter Sally Davenport my chest at my death ---
Eightly - I give and bequeath to my daugher Nancy Norman negro woman Merenda to be delivd to her at my death, also one large pot, one tea kettle and pot tramel to her and her heirs forever ---
Ninthly - I give and bequeath to my grand son Richard Davenport a negro boy named Issac to him and his heirs forever ---
Tenthly - I give and bequeath to Chales Davenport the child my negro woman Merenda is now pregnant with ---
Item - I give and bequeath a negro girl named Pat to my grand daughter Mary Norman child of my daughter Nancy Norman ---
Item - I give to my daughter Sally Davenport one bead & furniture ---
Item - I give the remainder of my estate to Sally Davenport Nancy Norman and Wm. Rowe.
I hereby nominate, constitute and appoint Jos. Halsey exeutor to this my last will and testament and do hereby revoke as I have already done all wills by me heretofore made - In witness whereof I have hereto set my hand and seal this 29 day of July 1834.
Rachel (her -x- mark) Roe (Seal)
Signd Seald published and
delivd in presence of us
Benj. Siks
Ephm. Man
July Term 1835.
Jos. Halsey came into open court and renounced the exeutor ship to a paper writing purporting to be the will of Rachel Rowe, whereupon Franklin F. Fagen appeared in open court and produced the said paper writing and proved the due execution thereof by the oath of Benj. Sikes one of the subscribing witness thereto, who also proved the death of Ephm. Mann the other subscribing witness & that they saw Rachel Rowe sign, seal, publish and declare the said paper writing to be her last will and testament & that they subscribed the same as witness in her presance and in the presance of each other, that at the time thereof she was of sound disposing mind & memory & did the same without fear or compulsion, whereupon Jos. Halsey the excutor therein named renounce the excutorship and it was ordrd by the cout that Admr with the will annexed be granted to F. F. Fagen he entering into bond in three thousand dollars with Benj. Siks & D.W. Bateman security, Admr. appeared in court and qulaifid. -
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.42), Box 42
Rowe, Rachel, 1835
Bond dated 27 Jul 1835 in the amount of two thousand dollars appointing Franklin F. Fagan administrator with the will annexed of the estate of Rachel Rowe deceased, Benjamin Sikes & Daniel N. Bateman securities.
There are many documents concerning a suit by Jordan Davenport in 1837 against Franklin F. Fagan, administrator of the estate of Rachel Rowe, in a charge of trespass. The suit was brought in the Court of Pleas and Quarter Sessions where Jordan Davenport prevailed, then appealed to the Superior Court of Law with the same outcome. Witnesses at court were Charles Davenport (for defendant), Fred Wynne (for plaintiff), Sally Norman (for plaintiff), Richard Davenport (for defendant) & Samuel Rogers (for plaintiff).
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Levi Roe to Rachel Davenport on 6 Apr 1785, securities Robert Wynne and George Wynne; also the marriage of Elkanah Davenport to Rachel Wynn on 8 Feb 1778, William Edwards Sr. security. Estate records of Elkanah Davenport who died in 1783 confirm that his wife, Rachel, subsequently married Levi Rowe.
Tyrrell County marriage bonds show the marriage of Mary Davenport to Dempsey Spruill on 22 Dec 1799, Nathan Davenport security.
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