In the name of God amen I Hezekiah Spruill of the County of Tyrrell and State of North Carolina being of sound mind & memory blessed be God, do this twenty fifth day of May in the year of our Lord one thousand eight hundred and two make and publish this my last will and testament in the manner following that is to say
Imprimis - I lend to my beloved wife Rhoda Spruill the use of the one third part of my manor plantation whereon I now live and one half the buildings thereon, with privilege of fire wood and timber off of any part of my land she may choose to repair the buildings and support the plantation. One third part of my moveable estate except negroes and articles hereafter mentioned. I lend to my beloved wife the use of three negroes named Lydia, Litch and Black Jane during her life or widow hood.
Item - I give to my wife Rhoda Spruill my riding horse called Bowls, a side saddle and bridle, one yoke of oxen and one ox cart. I give to my wife and son Samuel Spruill all the groceries I may be possessed of at the event of my death for the use of the family, also all my plantation tools of every sort for the use of the plantation.
Item - I give and bequeath to my daughter Ann Midget all the land contained within the bounds
of a deed I purchased of Thos. Williams also I give to my daughter Ann Midget fifty acres of land to be laid
out of my Patent No. 751 beginning at a poplar, Hopkins corner and running southerly by a line of marked trees for the
complement to her and her heirs and assigns forever.
Item - I give and bequeath to my daughter Lois Spruill and my little grandson Hezekiah
Gilbert Leigh the balance of the land contained in my patent No. 751, also two hundred and thirty acres of land
within the bounds of my patent No 427 adjoining the upper neck & cypress swamp to be equally divided between my daughter
Lois and my grandson Hezekiah Gilbert Leigh according to quality and quantity, to them their heirs and assigns
forever.
Item - I give and bequeath to my daughter Rosanah Leigh forty acres of land lying in the
westernmost end of my Savannah Pattent beginning at a black gum at the mouth of the Water Oak Branch in the Savannah swamp
near the road binding on the swamp northerly to a poplar, thence along a line of marked trees south 75 degrees East to a
pine, thence westerly by a line of marked trees to a water oak in the water oak Branch, thence down the branch to the first
station to her the said Rosanah and her heirs and assigns forever.
Item - I give and bequeath to my son Samuel Spruill all the lands within the bounds of my
deed I purchased of Joseph Wyatt containing 310 acres to him and his heirs and assigns forever. I also give and
bequeath to my son Samuel Spruill 300 acres of land contained within the bounds of my patent No. 430 and known by the
name of the Savannah with all and sigular the remainder part of my lands and tenements whereever to be found to him the said
Samuel Spruill his heirs and assigns forever
Item - I lend to my daughter Ann Midget three negroes namely Yellow Ginny, Tom and
Annis and at her death I give and bequeath the aforesaid negroes to my daughter Ann's children or heirs
lawfully begotten on her body to be equally divided amongst them, to them their heirs and assigns forever, with their
increase.
Item - I lend one third part of two negroes namely Litch and Jinny with their increase
to my daughter Ann Midget during her life and at her death I give and bequeath the aforesaid one third part with their
increase to her children or heirs lawfully begotten on her body to be equally divided between them, to them their heirs and
assigns forever.
Item - I give and bequeath to my two daughters Rosanah Leigh & Lois Spruill the remaining
two thirds of the negroes above mentioned namely Litch and Black Ginny to be equally divided between them to
them, to them their heirs and assigns forever
Item - I give and bequeath to my daughter Rosanah Leigh three negroes named Mustifer,
Mercury & Peggy to her, her heirs and assigns forever -
Item - I give and bequeath to my daughter Lois Spruill three negroes Andrew, Cloe
and Little Easter, to her her heirs and assigns forever
Item - I give and bequeath to my son Samuel Spruill four negroes named Joe, Lewis, Dolly
and Yellow Andrew, to him his heirs and assigns forever
Item - I also give to my son Samuel Spruill one negro woman named Lydia at the death
of my wife, to him, his heirs and assigns forever
Item - I give and bequeath to my little grand son Hezekiah Gilbert Leigh one negro boy named
Sam now in the possession of Richard Leigh to him his heirs and assigns forever but if the aforesaid
Hezekiah Gilbert Leigh should depart this life without lawful issue then I give the aforesaid boy Sam to his
four sisters, that is to say, Elizabeth, Sarah, Charlotte and Lois Leigh to be equally divided between them,
their heirs and assigns forever
Item - I ordain and direct that my son Samuel Spruill take the negro man named Lon into his
possession and hire him out to the best advantage year by year or sell him at his own discretion, ever keeping the money
upon interest by renewing the bond or bonds every year until my two little grand daughters Charlotte & Lois Leigh is
of the age of eighteen or marriage
Item - I give and bequeath the aforesaid negro man Lon with the profits of his hire or the
money arising from his sale (if sold) with the interest of the money to my grand daughters above mentioned Viz.
Charlotte & Lois Leigh daughters of Richard Leigh to them and their heirs forever, but if should so happen that
the said Charlotte or Lois Leigh should depart this life without issue of their bodies, then I give the
aforesaid negro to be equally divided between the surviving brothers and sisters to them their heirs and assigns forever.
Item - I give and bequeath to my grand daughter Keziah Permelia Foster one negro boy named
Edmon provided her father John Foster never takes her away from her grandmother or her aunt Ann Midget
& if the said Foster does ever take Keziah Permelia from the care of her said grandmother or aunt, then I give
the said negro boy to be divided between my three daughters Ann Midget, Rosinah Leigh & Lois Spruill, and I do hereby
commit the said negro boy to the care of my son Samuel Spruill to wait the event and to be delivered to the said
Keziah Permelia at the day of her marriage or the age of eighteen if she shall continue to live in the family,
otherwise the said negro to go to my three daughters above mentioned to them their heirs and assigns forever. -
Item - I give and bequeath to the heirs of my daughter Keziah Foster one shilling sterling
they having received what I desired to give her
Item - I give and bequeath to my four grand daughters Elizabeth, Sarah, Charlotte & Lois Leigh
one negro woman named Big Ester and one girl named Little Doll and their increase now in the possession of
their father Richard Leigh, to be delivered to them when Elizabeth Leigh shall arrive at the age of eighteen,
to them their heirs and assigns forever and if any of my grand daughters above named should depart this life without issue
I give and bequeath the two negroes above named Big Ester and Little Doll to their surviving sisters to them
their heirs and assigns forever.
Item - I give and bequeath to my son Samuel Spruill Ann Midget, Rosinah Leigh and Lois
Spruill all the remaining part of my estate to be equally divided between them at my death, to them their heirs and
assigns forever
Item - I give and bequeath to my son Samuel Spruill and my three daughters Ann Midget,
Rosinah Leigh and Lois Spruill all the third part of my estate except negroes lent my wife during her life in the
first clause of my will, to be equally divided at my wife's death between them my son and my three daughters above named, to
their heirs and assigns forever.
And I hereby make and ordain my son Samuel Spruill & my daughters Ann Midget, Rosinah Leigh &
Lois Spruill executor and executrixes of this my last Will and Testament. In witness whereof I the said Hezekiah
Spruill have to this my last will and testament set my hand and seal the day and year above written.
Signed, sealed & declared & published by the said
Hezekiah Spruill (seal)
Test
Tyrrell County April Term 1804
State of North Carolina Tyrrell County
Minutes
April Session 1804
Samuel Spruill Esqr. came into open court and quallified as executor to the last will and testament of Colo. Hezekiah
Spruill deceased in due form.
October Session 1805
John Swain a subscribing witness to the last will and testament of Hezekah Spruill Esquire deceased came into open
court and swore that he signed the last will of the said Hezekiah Spruill and that he saw the said Hezekiah Spruill
sign seal and pronounce the said writing as his last will and testament and that he was of sound mind and memory and he saw Amelia
Perisho the other subscribing witness sign as a witness to the said will also and further saith not.
October Session 1806
Samuel Spruil Esqr. returned in court a division of the estate of Col Hezekiah Spruill deceased the heirs all appear
to be of lawfull age and have assigned the said divisions and receipted in full as appear on said division which is filed.
July Session 1819
On motion ordered that Richard Howett John Beasley & Selby Patrick be appointed to divide the negros bequeathed in the will
of Hezekiah Spruill deceased to the children of Ann Midyett to wit Rhoda Midyett & Joseph Midyett by consent of
Thomas Lee guardian to Joseph Midyett & Edmund Alexander in behalf of his wife Rhoda & make report to next term.
October Session 1819
Report of the division of negroes left by the last will & testament of Hezekiah Spruill Senr. to the heirs of Ann Midyett
namely Rhoda Alexander & Joseph Midyett - - each heirs part $1616.50 total amount - $3233 - account filed.
North Carolina Archives Appraisal of the estate of Hezekiah Spruill deceased totalling 418 pounds, 13 shillings & 6 pence, which was subsequently
divided as follows on 25 Oct 1806:
Transcriber's Notes:
Hezekiah Spruill the testator, as his last will
& testament in presence of us at the time of signing & sealing thereof
us at the time of signing and sealing thereof
Amelia (her -x- mark) Perisho
John Swain
Personally appeared Amelia Perisho in open court and swore that she saw Hezekiah Spruill sign and pronounce
this instrument of writing to be his last will and testament, and that she believed he was at the same time in perfect and
sound mind and memory and that she saw the other subscribing witness sign his name also.
For Chas. Spruil Clk
I Jos. Halsey Clk of the Court of Pleas & Quarter Sessions for the county aforesaid do hereby certify the foregoing to be
a true copy of the will of Hezekiah Spruill dec with a probate of the same as filed in my office. Given under my hand
and seal of office at Columbia this 28 of August 1828.
Jos. Halsey Clk.
Tyrrell County Court of Pleas & Quarter Sessions
Loose Estate Papers
Tyrrell County (C.R.096.508.49), Box 49
Spruill, Hezekiah, 1806
Rodah Spruill widow's part 193 pounds, 10 pence
Nancy Midyett part 131 pounds, 8 shillings & 2 pence
Samuel Spruill part 131 pounds, 8 shillings & 2 pence
Rosanah Leigh part 131 pounds, 8 shillings & 2 pence
Loise Spruill part 131 pounds, 8 shillings & 2 pence
Samuel Midyett husband of
Tyrrell County marriage bonds show the marriage of Thos. Leigh to Rosanna Spruill on 17 Dec 1974, Richard Leigh security; also
Richard Leigh to Charlotte Spruill on 17 Dec 1794, Thos. Leigh security: also Edmund Alexander to Rhoda Midyett on 8 Feb 1819, Robert B.
Webster security.
Based on the legacies to the children of Richard Leigh, his wife Charlotte is Hezekiah Spruill's daughter.
Return to Tyrrell Co Wills Introduction & Table of Contents
Updated August 4, 2019
Gordon L. Basnight