Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen: I Daniel Sawyer of the County of Tyrrell & State of North Carolina do make ordain and declare this instrument to be my last Will & Testament revoking all others --- Item - If my executors should exchange any of the negroes I now possess for others, or with my property purchase land or negroes it is my will and desire that the tile or titles should be taken in the name of the heirs of Daniel Sawyer and held in common so long as the family are kept together and as fast as my sons become of age or marry my daughters marry it is my will that an estimate should be made of the whole property by three or more judicious & disinterested men chosen by my executors and that said men so chosen shall alot & set off to the child so marring or becoming of age and equal share of my property, so aranging the division as to do the least possible damage to the whole, that is to say not to give in each case an equal share of the several parts of lands and of several negroes, but to give an equal value to each child so marring or becoming of age in such a manner as best accomodate the whole and it is expressly my will and desire that my beloved wife Theodosia Sawyer should in all divisions above directed be considered as one of my heirs and entitled to a childs part, and that she should be at liberty whenever she shall think proper to call for a division and have set off to her an equal share or childs part in manner above directed in case a childs marring or coming of age, and I do herby give and bequeath the same to her and her heirs and assigns forever. And whereas I have given to my two eldest children- Franklin Fayete Sawyer & Frances Delia Elder some property that to say to Franklin F. Sawyer two hundred & fifty dollars and to Frances D. Elder three hundred collars my will is that when ever either of the said oldest
children shall call for a division or when a general division of my property shall become necessary that the sume to each paid shall be considered as so much paid toward their share of my property, and if it should so happen that by any misfortune my property should be so reduced as that each heir could not receive as much as has been paid to each of the two eldest children my will is that the said eldest children should remit nothing ---
Imprimes - All my debts which by law or honour I am bound to pay I wish to have as speedily and punctually discharged as my circumstances admit of -- with respect to the remainder of my property be the same more or less. My will & desire is that my executors hereafter to be named shall have the power to sell and convey ther whole or any part thereof or exchange the same for other property at their discretion so as to fulfil my will and desire, in an other particular which is that my family and property may be kept together under the direction of my executors & removed by them into that part of the western country which in their judgment is best suited to the circumstances of my family if they should chuse to remove to a state or teritory in which slaves are prohibited by law my will & desire is that all my property except what may be sufficient to make a comfortable settlement for my family should be laid out in land where it can be had at two dollars pare, but if in the opinion of my executors it is best to move the family into a state or teritory where slavery is tolerated, my will is that after the expence of moving & buying their quarter sections of land the remainder of my property should be vested in negro slave, and held under the derection & management of my executors and the product of their labour applied to the suport of the family and the education of the younger children, with respect to the degree
of education to be given to the several I shall say nothing as my will on that subject is well known to my executors, and I have full confidence that the will executed it as prudence shall direct taking into views the circumstances of the family ---
Lastly _ I constitute & appoint my beloved wife Theodosia Sawyer & my son Franklin Fayete Sawyer my executrix & executor to this my last will & Testament, In witness of all & each of the things herein contained I have hereunto set my hands and seal this 16 day of November in the year of our Lord one thousand eight hundred & seventeen ----
Danl. Sawyer (seal)
Attest Avey Smith April Term 1819 Proved by Avey Smith & Selby Patrick
Selby Patrick
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
April Session 1819
The last will & testament of Daniel Sawyer was exhibited & proved in open court by the oath of Ava Smith & Selby Patrick subscribing witnesses thereto at the same time appeared Franklin F. Sawyer & qualified as executor thereto ordered that letters testamentary issue thereon with a coppy of the will annexed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.44), Box 44
Sawyer, Daniel, 1819
Documents relating to several suits by and against the estate of Daniel Sawyer for recovery of debts that have no apparent genealogical value.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Frances Sawyer to Lucius Elder on 5 Jan 1816, Daniel Ensley security.
Return to Tyrrell Co Wills Introduction & Table of Contents