Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen: I Samuel Spruill a citizen of the County of Tyrrell & State of North Carolina, being of sound, disposing mind and memory, thanks be to God for that and all his other blessings, but labouring under great bodily affliction, and knowing, that it is once ordained for all men to die; Do make and publish this to be my last will and testament, revoking and making void all other heretofore made by me, confirming this and this alone -
It is my will and desire that my body should be buried in a decent Christian like manner at the discretion of executors hereafter named. And as touching such worldly property as it has pleased God to bless me with, I dispose of in the manner and form following to wit.
Item 1st - I lend to my beloved wife Fany A. Spruill the one third of my manor plantation whereon I now live, including the dwelling house & the one third of my out buildings, during her natural life & her the liberty of getting such wood & timber as my be necessary for her off of any land I am now possessed of -
Item 2nd - I give to my beloved wife Fany the one half of all the corn, pork, peas, bacon, fodder, oats and groceries that may be on hand at the time of my death, and I give the other half to my son Hezekiah G. Spruill. ---
Item 3d - I give all my farming tools of every sort to my wife Fany A. Spruill and my son Hez. G. Spruill to be divided between them. ---
Item 4th - I give and bequeath to my two sons Hez. G. and Flavius I. Spruill all my Coopers and Carpenters tools to be divided between them. ---
Item 5th - I give all amy horses, cattle, sheep, Household and kitchen furniture to my wife and all my children to be equally divided among them except one horse named Fred which I give to my son Flavius I. Spruill ----
Item 6th - I give all my books to my two sons Hez. G. Spruill and F. I. Spruill, except my religious books what I give to my wife Fanny S. Spruill ----
Item 7th - I give and bequeath to my two sons Hez. G. Spruill and Flavius I Spruill my Blacksmith Lewis and my Blacksmith tools to them and their heirs forever -- And in case of the death of either of my sons without issue, I give the negro & tools to the survivor. ----
Item 8th - I give to my son Hezekiah G. Spruill in trust for Permelia McCleese one negro man named Bill to be hired out annually, and the property after deducting ten per cent to be paid by him to the said Permelia McCleese. I give the said negro man Bill to the said Hez. G. Spruill forever, provided that if the said negro dies before the said Permelia McCleese, then all my heirs shall join together and pay over to the said Permelia what may be judged, together with her own industry necessary for her support, --
Item 9th - I give to my two daughters Caroline B. Spruill & Cary Ann Spruill and their heirs forever the following tract of land, to be equally divided between them, Benginning at a ditch at the head of the swamp between me and Jon. Thoroughgoods land runing up the couse of said ditch to the fence at the back of my old wheath patch field then runing the courses of the ditch a N 5 1/2 E till it strikes Thomas Hopkins line, on the line of the Cow Ridge land belonging to the estate of Jno. Thoroughgood, then and eastwardly couse along said line to the corner of Cow Ridge line Thos. Hopkins corner tree, then So 10 E 85 Pole to a corner tree, a beach, then S 45 deg W 160 pole along Jno Thoroughgoods line to the land between Jno. Thoroughgood & myself to a gum, thence along the said land to the begining. & this devisee to be divided between them agreeable to quantity and quality, and in case eath of my daughter should die before they have issue, the whole shall belong to the survivor ---
Item 10th - I give and bequeath to my son Flavius I Spruill my manor plantation whereon I now live to him and his heirs forever bounded as follow, begining at the ditch at the landing, runing up the coreses of said ditch to the first turn, of my road, thence along the mentioned in a deed to Hez. G. Spruill to the Cow Ridge line, then along the Sow Ridge line till it intersects with the line mentioned in the devisee to Caroline B. and Cary Ann Spruill, thence along the line S 5 1/2 W to the end of the ditch in the old wheat patch field, thence along the said ditch to the end thereof in the swamp then S 45 deg W 105 pole to the Creek thence along the Creek N 36 deg W to the first station, in which devisee is included the loan to Fany A. Spruill of the third part of my manor plantation. ---
Item 11 - I give to my sons Hz G. and Flavius I Spruill a tract of Cypress Swamp lying and being on the sound side, cons. 300 acres more or less, also one tract of said land known by the name of the Savannah pattent, Also a tract of Juniper Swamp lying at Poplar Ridge which I purchased of Jno. R. Donnel & heirs of Jos. Leich also fifty acres **(torn out) to my father and by him given to me to Hezkah Davenport formerly lived, and also all land not heretofore disposed of to them and their heirs forevr ----
Item 12th - It is my will and desire that if either of my sons should die without lawful issue, the whole of the land bequeathed to them should belong to the survivor-
Item 14th - I do herby five and bequeath to my wife Fany A. Spruill and my children HZ G. Caroline B Cary Ann & Flavius I Spruill, all my negroes not heretofore disposed of to them and their heirs forver to be equally divided amongst them --
Item 15th - My will and desire is that all my just debts be speedily and honourbly paid, of these there are but few and none large and there is enough owing to me to pay them; but in case there should not be my will and desire is that my excutor should sell such property as can be best spared and make title thereto -
Item 16th - The neat profits of my estate if any I give to my sons Hez. G. Spruill ---
Item 17th - I give and bequeath to my wife Fany A. Spruill my double riding chair & one set of harness ---
Item 18th - I hope trust and pray to Almighty God that no dificulty may arise amongst my wife and children respecting the foregong property, but if unfortunately any should arise, my will and desire is that each party shall choose one good man as an arbitrator & then two shall chose a third man, and to them three men the matter as contest be left and ther award shall be as binding as the ***(torn out) as the judgment of the Supreme court of the United States would be. ---
Item 19th - It is further my will and desire that when ever any of the above namd property is about to be divided, the party shall each choose a man and if they can not agree then two shall choose a third man and the divission made by these men shall be as binding upon the parties as if made by any court of record within the State of North Carolina -
Item 20th - I do hereby nominate, constitute and appoint my son Hz G. Spruill my whole and sole executor to this my last will and testament ---
Item 21 - I do hereby constitute and appoint my son Hz. G. Spruill a testamentary guardian to my two children, Flavis I & Cary Ann Spruill, and so vest in him all the power of a guardian -
The erasur between the 3 & 5 line in the 7th item was done before the excution of this ---
In witness whereof I have herunto set my hand and seal this 31 of May 1832-
Samuel Spruill (Seal)
Signd Seald and Deliv. in
Presence of us
Jos. Midget
Jon. Evans
The word "upon" between the 11 & 12 lines of the fourth page and the word "Sell" between the 4 & 5 lines of the 5 page were interlined in the presence of Saml. Spruill & by his request -
State of North Carolina
Tyrrell County
This will was proved at Jany Term 1833 by Jos. Midgett & Jno. Evans & regd.
(Note item 13th in this will appears not to be used in numbering.)
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1833
The last will and testament of Samuel Spruill Esqr. was exhibited in open court and the execution of it proved by the oaths of Jos. Midyett & Jos. Evans who swore that he was of sound disposing mind and memory at the time.
An account of sale of Samuel Spruill Esqr. deceased was returned in open court on oath by H. G. Spruill the admnistrator.
April Session 1833
Hz. G. Spruill administrator of Harmon Spruill returned on oath in open court account of sale of said estate.
Also an inventory of the estate of Samuel Spruill deceased.
Jos. Alexander returned into open court the audited account of the estate of Edmen Alexander deceased due estate $503.89, also the division of the negros of Edmen Alexander amongst the heirs - also the hiring of the negros of the orphans of Edmen Alexander for the year 1833, also the division of the land of Caroline & Cary Ann Spruill.
January Session 1834
The division of the negros of Samuel Spruill deceased was returned into open court.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.50), Box 50
Spruill, Samuel, 1832
Petition in 1832 of Hezekiah G. Spruill executor of Samuel Spruill & Francis Spruill Flavius, Carey An Spruill & Caroline Alexander who state that Samuel Spruill died in November 1832 possessed of considerable personal estate, among which are the following negroes, viz. George, Solomon, Andrew, Jordan, Moses, Stephen, Frank, David, Windsor, John, Cooper, Spencer, Sally, Clarissa, Eunice, Tamer, Matilda, etc. They further represent that said testator left surviving him your petitioners, viz. said C. Spruill, Francis Spruill, Carey An & Flavius Spruill & Caroline Alexander who are entitled to said negroes as distributees and are desirous of having said negroes divided among them. They pray the court appoint commissioners to allot to each his portion of said negroes.
Petition January Term 1833 by Joseph Alexander and wife Caroline and Cary Ann Spruill by her guardian Hezekiah G. Spruill who state that the last will & testament of Samuel Spruill deceased devised a tract of land to them in common, of which they are now tenants in common. Petitioners request division of this land.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Samuel Spruill Jr. to Fanny Pledger on 28 Dec 1830, Richard Spruill security; also Caroline B. Spruill to Jos. Alexander on 4 Apr 1832, H. E. Lewis security.
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