State of North Carolina
Tyrrell County
Original Will
Dated 9 December 1804

In the name of God amen: The ninth day of December in the year of our Lord 1804 I Jose. Spruill of Tyrell County and State of North Carolina being sick but of sound disposing mind and memory do make and ordain this my last will and testament in from following -

Imprimis - I leave my just debts and funeral expences to be paid out of my estate ---

Item - Then I lend to my beloved wife Elizabeth Spruill the use of my house and one third part of my lands during her natural life or widdowhood and if she will relinquish her third part of my land in the body that it may be sold as hereafter described in that case I give her my young horse & oxen named Darling but if she does not give up her third part of the said body land when required by my friend Charles Spruill I desier that the said above mentioned horse & oxen be sold by the sd Chas. Spruill and the money arising therefrom to be divided between my son Shadrick and daughter Roseanna Spruill when arrive to twenty one years old.

Item - I give and bequeath to my friend Ann Obrian one cow named Cherry and her hiffor one spotted sow & six piggs one black barnow (?) with a long tale at the outer pen one ewe choice of my sheeps to her & her heirs forever.

Item - I give and bequeath to my wifes daughter Elenore one silver dollar.

Item - I give and bequeath to my son Shadrick Spruill all my money notes and accounts to be paid to him when he arrives to twenty one years old I also give him my small gunn all my wearing apparrell & my chest to him and his heirs and assigns forever ----

Item - I leave my lands in the body that was deeded to me by my father to be sold at the discretion of my friend Charles Spruill and the money arising therefrom to be paid by him to my beloved son Shadrick Spruill when he arrives to twenty one years old I also leave the two thirds of my manner plantation & land to the discretion of my friend Charles Spruill to be sold in the same manner as the above mentioned land in the body or rentsed out during the life or widdowhood of my wife and at her death or marriage the whole to be sold and the money arising to be paid to by beloved son Shadrick when he arrives to twenty one years old, and I hereby impower the said Charles Spruill to convey by deed all my lands to whoever may purchase the same as fully and effectually as I could do wise in my life time

Item - I give and bequeath to my beloved wife Elizabeth one third part of my stock and other moveable property not before given - - - Item - I will and desier that all the remaining part of my estate to be sold by my friend Charles Spruill and the money arising therefrom to be equally divided between my two children Shadrick and Rosanna when they arive to twenty one years old and it is my will and desier that my friend Charles Spruill have whole care command and management of my two children Shadrick and Rosanna and there property until they arrive to the age of twenty one years and that no guardian or other person they may choose shall have power to take the command of the sd Shadrick and Rosanna or their property out of the power of sd. Charles Spruill without his own consent In case of either of my two children Shadrick or Roseanna should die without heir of their bodies lawfully begotten it is my will that the surviving one shall have all my property and if they should both die without heirs of their bodies lawfully begotten it is my will that there property shall be equally divided to Ann Obrian's three children when they arrive to twenty one years old and should my friend Charles Spruill die or refuse to act as he is hereby impowered I leave the whole trust that I have empowered him with to my nephew and friend Nathan Spruill except the guardianship of my two children and I hereby leave the said Charles Spruill and Nathan Spruill the sole executors of this my last will and testament revoking all former wills or gifts by me before made ratifying and confirming this and no other to be my last will and testament in testimony whereof I have hereunto set my hand and seal the day and year first above written Enterlined the word Spruill before signed

Joseph (his -x- mark) Spruill (Seal)

Signed Sealed and pronounced by the
testator to be his last will and testament
in presence of us