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North Carolina
Tyrrell County
Original Will at N. C. Archives
June 12, 1799
In the name of God Amen.
I Abraham Smith resident of of Tyrrell County & state of North Carolina being sick & weak in body but of sound & disposing mind & memory, do make this my last will & testament in manner and form following.
First I commend my soul to God who gave it, & commit my body to the ground to be decently interred.
Imprimis. In respect to the temporal estate with which it hath pleased God to bless me, it is my will & desire that my just debts shall be punctually paid out of it.
Item I give & bequeath to my dear & well beloved wife Joannah Smith, my black horse & two beds & furniture - I also lend her the use of my plantation utensils for finishing the crop now on the ground.
Item I give unto my daughters Nancy and Elizabeth also the husband of my daughter Johanna decd. each one of them one dollar by way of acknowledgement.
Item I give to my son Isaac Smith my young mare, & in case of his decease to his brother Andrew.
Item I give & bequeath to my two youngest sons twenty pounds each, namely Epraim & Joseph.
After the above legacies it is my will and desire that all my lands cattle sheep & hogs & every other article not mentioned above, shall be sold as my executors may judge most proper & agreeable to law, except one young hifer, which I give to my grandson Starkey Norman to be kept with her increase for him.
It is farther my will & desire that the moneys arising from the above sales of my estate shall be applyed by my executors to the use & purpose of moveing my wife & family to the state of Tenessee & there to procure a settlement of land for them, which land,
It is farther my will & desire shall be equally divided between my sons who shall either survive me or get to that country, as they attain the age of twenty one.
It is finally my will & desire, that my youngest daughters Zilpha, Loes & Absala shall have fifteen pounds a piece at their marriage if it can be made up out of the estate after the above decreses.
And now revoking all other wills heretofore made by me, & declaring this & this only to be my will, I do nominate constitute & appoint my trusty friends William Arnold and John Davis of the state of Tenessee to be the executors of this my last will and testament, and hereunto set my hand & seal this twelfth day of June 1799
Abraham (his mark) Smith
Signed sealed published and
declared in presence of
Charles Pettigrew
Nathan Bateman
John Norman son Eliz
As the land purchased in Tenessee from the sale of my estate may not be confirmed as land I possessed & therefore my wife deprived of her right of dower
I do now express it as my will that she shall possess her dower in said land, as tho I had possessed & lived on it, & accordingly give it from under my hand & seal this day & date above written
Abraham (his mark) Smith
Test.
Charles Pettigrew
Nathan Bateman
John Norman son Eliz
(Will has no probate information.)
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1799
The last will and testament of Abraham Smith was introduced in open court and proved by the oath of Reverand Charles Pettigrew one of the subscribing witnesses ordered to be recorded.
Personally appeared William Arnold in open court and quallifyed executor to the last will & testament of Abraham Smith deceased according to due form of law.
Ordered that William Arnold executor of Abraham Smith deceased have leave to sell the perishable part of said estate and make returns to next court.
July Session 1800
Ordered that Joana Smith be allowed the some of eight pounds per year for four years to commence on the first day of June 1799 for the support of Joseph Smith orphan of Abraham Smith.
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