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Colony of North Carolina
County of Tyrrell
Dated 26 September 1753
In the name of God Amen. I James Turnbull of Tyrrel County and province aforesaid menhand being in helth and sound and disposing mind and memory to make and ordain this my laste will and Testement in maner and form as follows
Imprimus - I give bequef & devise unto Mr Yveot Ormond and Mr. Thomas Barker attorneys of this province one half of my Negrows that is keept & detaned from me by William Makey on prouers tha the above said Yveot Ormond & Thomas Barker will or do sue & recover the the whole number of negros and deliver the othar half according to my will and clear of all Coste & Chargs in that case I will them the above said half the number of my above said Negros & their incres to them and their assigns forever I mean my Negro woman Phebe and her dafter Leotta and her sun London & her dafter Phebe and her dafter Pege & her dafter Ianne I heared the wench head one boye since named Charls he is dead by neglect.
Item - I give bequef and devise unto my nece Mary Pantry her two suns Robert & James the one half of the above mentioned Negrows to be delivered by Mr Ormond & Mr Barker to them or their assigns clear of charges if they sue & recover as aforesaid if the above said Mr. Yveot Ormond & Mr. Thomas Barker will not except of the above leagacy in that case I give bequef and devise all the above said Negrows to be above said Robert & James Pantry and their heirs forever and to be sued for at the charg of my estate & to be repaid if the negrows are recovered. I likewise order that the above said Robert and James be mentained on my Estate if tha will assist to keep the plantation in order until they are at full age than & in that case that the said Robert & James shall have and inioye my two peaces of land at Scupernong called the brak cake land and the rich(?) Leuils(?) & one quarter part of my female black cattle & one quarter part of my beading and puter and one quarter part of my horsis my intent & meaning is that the said Robert & James cum from London hear at least one of tham or I use thare legacys but if tha cum over sea with Captn Daldry(?) or otherwise my Estate must pay thare passage ten pound Sterling for both if tha perform all that I inioy__ tha I give bequef and devise to the above said Robert & James Pantry as above mentioned to them & the heirs of thare body lawfully begoten and for want of such to eithar heirs & for want of such to the heairs of their sister in London & for want of such to my legatcas heare in Carolina I dont mean Mr Barker nor Mr Ormond.
Item - I give bequef and devise unto Mary Turnbull Butcher one half my personal Estate after the above legaseys are paid to her & the heirs of her body lawfully begoten & for want of such to Mary Pantry her heirs if tha are hear if not to her brother Bell Butchar or my heirs.
Item - I give bequef and devise unto Bell Bucthar all my land not allredy given I mean Bells gift and gardsaten and all my land in Edenton and the remander of my personal Estate to him and his hires of his body lawfully begoten and for want of such one half to the hiers of Mary Pantry and the other half to the heirs of Mary Turnbull Bucthar or the surviver of them to have all.
Item - I give bequef and devise unto Mary Bucthar the use of all my estate both real and personal until the legaes cum to the age of twenty one years except her dafter Mary Turnbull Butchar she ma keep her legacy during her life if she pleases and the one half of Bells gift land & to her use during her life. My intent is that non of the legates shall have there legacys until one twenty one years olde.
Item - I order & devise it that all my just debts by paid by the sails of my Scooner & paryegor & conever and ma chantdes at nandue for redy money or private sail as my executrix & trustte pleasis as soon as posable and collecting my debts or sue derectly all that will not pay on sightof the list of debts or the accounts since my will and desir is that Mary Butchar doth mantain and edecate all the minors above mentioned as well as she can aford with the use and intrest above giver her if she mak any waste of my Estate the County Court is required to make her give securyty or tha are derected to appoint gardians for the children or tha chuse them if of age.
Item - I order that nomoney be paid to any person but Mr Henry Jordan that his mother Elizabth Henmore left him nor to him until my heirs be indennified from Danel Henmore & his heirs
Item - I order that the ballance due to the heirs of Mrs. Ann Mountgumry be paid as it now stands deducting the guitrents since paid.
Item - I order that the title and bounds of the land that I now live on be defended according as the servaer hath made out a plott and sartificate agreeable to my deed which I never recorded any consideraton for of any davson all the foregoing legates shall beare there proporthonable part of the charg if accation and on there refusal forfit their legasey to the rest of the legatyes.
I order the quitrents of all my land to be paid yearly. I order that my cloths be made up for Bell Butchar and Robert and James Pantry if tha are hear as tha want cloths likewise my books and instruments to be divided amoungst them three boyes. My will is if my Neace Mary Pantry should cum over sea to see me I order her the use of my dwelling house in Edenton and the smoke house & oven during her and her houseband Phillip Pantry there natral lives rent free but must keep the same in good repare & my intent and meaning is that my executrix shall do & perform every thing and things that I have given bequefed devised willed delived and derected as muchy as lyes in her powr with the advice and concent of my truste hearafter named. My truste must be well paid every year for the trouble. Lastly I nominate and appoint Mary Butchar to be my Executrix and William __rdnar Esq. to be a truste to this my laste will and Testemant in witness hear of I have heare unto sett my hand and seal this twenty sixth day of September one thousand seven hundred and fifty three.
James Turnbull
Sined and delivered
Publis presance
Ann Denem
John Mathews
Charles Denem
James Tetterton
North Carolina
Tyrrell County
June Court 1754
Present his majestys Justices
These may certifie that John Mathews & Ann Denam two of the subscribing evidences to the within will came into open court & made oath on the Holy Evangelist of Almighty God that they saw James Turnbull sign seal publish pronounce & declare this within writing to contain his last will and Testament & that he was at the same time in perfect sound and disposing memory and that they also at the same time saw James Tetterton & Charles Denem sign their names as evidences to the Will. Then also appeared Mary Butcher Executrix & quallified her self by taking this Oath as the Law in such cased directs. Ordered that the Honble James Murray Esq. Secretary of this province give notice thereof that Letters Testamentory issued accordingly.
Test. Evan Jones, Clerk Court
Letters issued June 8th 1754
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.54), Box 54
Turnbull, James, 1770
Guardian bond dated 16 Nov 1770 in the amount of one hundred pounds appointing John McKildo Esquire guardian of Mary Turnbull Bucher orphan of James Turnbull Esq. with Michael Hearn & John Stubbs securities.
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