State of North Carolina
Tyrrell County
Original Will
Dated 3 March 1840
In the name of God Amen I William Spruill of the County of Tyrrell in the state of North Carolina, do make and ordain this my last will and testament in writing in manner following;
Imprimis, I give and bequeath to my son Imri Spruill one bed, beadstead & furniture the fourth choice to be selected by my executors.
Secondly, I give and bequeath to my grandson William Spruill, son of Imri Spruill negro girl slave Lucy & her increase now in the possession of his father, to him the said William. forever - -
Thirdly, I give and bequeath to my grandson Collin E. Spruill, agreeably to the bond which I executed, the plantation whereon my son Uzziah Spruill lived, which is known by the name of the Ansly land, with all the lands that are attached thereto on the eastward side of the road; but the westward side of the road he is not to reach or go - and in case Collin E. Spruill shall die without having a child or children living at his death, then I give devise and bequeath the said plantation to my grandson William Spruill, son of Imri Spruill, and his heirs and assigns forever. I further give to my said grandson Collin E. Spruill a negro man named Squire, now in the possession of his guardian Uriah Spruill to him the said Collin & his assigns forever -
Fourthly, I give, bequeath and devise to my daughter Susan Wood the use of the land she now lives on during her natural life, being that part of the land I purchased of Benjamin & Samuel Spruill on the North side of the road and also running southwardly to near the fork of the ditch that runs up the Persimmon Branch, thence an eastwardly course to Benjamin Spruill's former line on the bank of the ditch, and then northwardly to Uriah Spruill's line and along his line to his corner in the edge of the Great Swamp; and after the death of my said daughter I give and devise the said land to my grandson James S. Wood and his heirs forever - and I hereby leave to my said daughter Susan Wood during her natural life negro man Cooper, man Wood and negro woman Fanny & the increase of Fanny already born and that may hereafter be born, and after the death of my said daughter I give and bequeath the said slaves to my grandson James S. Wood and my grand daughter Sarah Wood, to be equally divided between them share and share alike - and I do give and bequeath to my aforesaid daughter Susan Wood, all the increase of the cattle I purchased at the sale of her deceased husband Frank Wood's property.
Fifthly, I give and bequeath to my grand son Collin E. Spruill, one bed and furniture, now at the residence of Uzziah Spruill deceased ---
Sixthly, as the grandmother of my daughter Sally Ann bequeathed to her some negros; now to make her youngest sister William Elizabeth equal I give and bequeath to the said William Elizabeth negro girl Pleasant & boy Ben and should she die without leaving children I give and bequeath said two negoes to my aforesaid daughter Sally Ann -
Seventhly - I give and bequeath to Sherrod McCrae one bed bedstead, and furniture -
Eighthly - As I intended to sell about two hundred acres of land, now if I fail to do so during my life time, then I hereby will, desire and direct that my excutors & excutrix sell at public or private sale two hundred acres off of the South end of that tract of land I bought of Lindsay and William Davenport beginning at a corner black gum on the eastward side of the road former corner of my & Richard Hassell's land running a westwardly direction so as to contain 200 acres and I hereby authorize my said excutors & executrix as such as may sell, to enter into such covenants as they may choose for the sale thereof & title also which covenants shall be binding in my estate.
Ninthly, I give devise and bequeath unto my beloved wife Amelia Ann Spruill negro slaves woman Nancy & woman Winny and all the children of Winny now born and that may hereafter be born and all the future incease of said slaves from this day - to her and her assigns forever - I also devise to my said wife during the term of her natural life the plantation on which I now reside, with all the furniture not herein before bequeathed, with all the farming utensils my barouch, riding horse and mare, during her natural life -
Tenthly - After the death of my wife I give and devise the plantation whereon I now reside to my daughter William Elizabeth and to her heirs and assigns forever -
Eleventhly - I wish a line run from a pine stump at the south end of the ditch that divides Polly Long from Bigbee to a white oak tree formerly Ben Spruill's corner a southwardly direction to said oak so as to divide the tract of land containing about 900 acres that I purchased of Jonathan Lindsey & others, that on the east of said line which will include the Lindsey land and part of the Ben Spruill land after the death of my wife I give and devise to my daughter Sally Ann Sprill and her heirs and assigns forever and that on the west side of said line, after the death of my wife, I give and devise to my daughter William Elizabeth and her heirs and assigns forever.
Twelfthly, I give devise and bequeath all my slaves not herein before bequeathed, and all my other property real, personal or mixed (not herein before bequeathed) unto my two youngest daughters Sally Ann & William Elizabeth, to be equally divided between them at their ages of twenty one years or marriage, if their mother be then dead; but if their mother be then living said division is to be postponed until her death; and until the time of said division I direct the whole of the above plantation or land mentioned in the preceding clauses of this will to be cultivated, or so much as is or may be cleared and all the slaves and stock of any description herein bequeathe to my said two youngest daughters to be kept on said farm under the superintendence of my executors, who are to employ and efficient oversee; and that out of the annual profits made on said farm my wife shall be liberally supported, and that the residue of said profits shall be applied to the support, education and maintaince of my two youngest children Sally Ann & William Elizabeth and should there be an annual surplus, the same is to be invested in slaves for the use of my said two youngest children and I give my executors & executrix full power to manage said farm and conduct in such manner as they may deem best; with this express direction, that it shall not be hired or rented out; but that the farm shall be carried on & all my two youngest daughters slaves kept on it: it being my intent that none of them shall be hired out -
Thirteenthly - When my son Emri or Urie commenced life for himself I then advanced him as I thought very handsomely and he therefore has no right, in my opinion, to complain -
Forteenthly, should either of my daughters Sally Ann or William Elizabeth die without having a child or children living at the time of such death, then I give and bequeath and devise to the survivor the share of the one so dying without leaving a child or children living - and this is to apply to the real estate as well as the personal that they become entitled to under this will -
Fifteenthly. If by any possible construction there be any residue not herein disposed of I give and bequeath the same to my two youngest daughters -
Lastly I hereby nominate and appoint my wife Amelia Ann excutrix and Joseph Halsey and Charles L. Pettigrew excutors to this my last will & testament & guardians to my children Sally Ann & William Elizabeth who I wish well educated: and I hereby revoke all wills by me made prior to the day of the date hereof. In witness whereof I have hereto set my hand and seal this 3rd day of March in the year of our Lord one thousand eight hundred and forty - and to guard against accident I have excuted a duplicate hereof.
Wm. Spruill (Seal)
The syllables "afore" on 1st page, the
Signed, sealed, published and declared by the Malachi Haughton
State of No Ca
Then was this will proved in open court by the oaths of Malachi Haughton
Js. A. Spruill & Jn. F. Davenport the subscribing witnesses thereto, and at the same time Amelia Ann
Spruill the executrix therein named, appeared in open court & qualified by taking the oath prescibed by law: Chas. L.
Pettigrew & Jos. Halsey the executors named in this will appeared in open court and renounced --- let the will be
recorded -
Test Jos. Halsey Clk.
A separate file for William Spruill dated 1844 contains a bill of complaint addressed to the court of Equity by Imrie
Spruill acting on behalf of Sally Ann & William Elizabeth Spruill, infants of tender years. It is spotted and the
handwriting is nearly impossible to read, so a full transcription will not be attempted. In essence, it states that
Amelia A. Spruill, who has a life estate, has intermarried with Frederick Davenport and that they are poorly
managing the estate and not managing it as directed by the will. The complaint was filed on 26 Aug 1844 and continued to
Spring Court 1845.
North Carolina
word "said" on 3rd page interlined
before signing and the words "that
they become entitled to under this will"
following the word "personal" on the
4th page interlined before signing
testator William Spruill as and for his last
will and testament in our presence and we
do at his request and in his presence and in
the presence of each other subscribe our names
as witnesses this 3rd day of March 1840.
J. A. Spruill
J . F. Davenport
Tyrell Court of Pleas & Qtr Session Jany Term 1841.
The Clerk & Master of the Court of Equity for the county of Tyrrel will on the complainants giving bond & security according
to law in the sum of five thousand dollars for a copy of this bill & the ? there of subpeonas to the defendants also the
writ of injunction as prayed for in the bill restraining the defendants or either of them from wasting or mismanaging the estate
and the Clerk & Master of the Court of Equity is hereby appointed a receiver to take into his custody & possession the
property of the estate mentioned in the bill under a writ of sequestration to use for that purpose & to manage the same in
the best way for the advantage of the estate until the further order of this court unless the defendants or either of them
shall enter into bond with good security to be approved of by the Clerk & Master in the full sum of five thousand dollars
conditioned for safe keeping of the estate & against its waste. Then the defendants are to retain the estate. This 6th day of
September 1844.
Thos. ? Clerk
Updated February 17, 2015
Jean H. Pennell