North Carolina
Tyrrell County
Original Will at N. C. Archives
February 6, 1804

In the name of God Amen this 6 day of February 1804 I Joseph Vollowvay of the county of Tyrrell & state of North Carolina farmer being indisposed of helth & of body ? but of sound mind & memory thanks be to God but calling to mind the mortality of my body & knowing that it is appointed for all men onst to dye do make and ordain this to be my last will & testement that is to say principly and first of all I recommend my soule into the hands of God that give it nothing doubting but I shall receive the same again at the general resurrection of the last day by the mighty power of God & as for my body I reommend that to the earth to be buried in decant Christan manner at the discression of my executors hereafter named & as for such worldly goods it has been peased God to bless me with in this life I give demise and dispose of in the following manner and form - - - -

I will first that my just debts & funeral charges be discharged by my executors - -- -

Item I give to my beloved wife Sarah Vollowvay all the provisions that know is in the house for her & the children seport Allso I give to my beloved wife the youse of all my stock of cattle sheep bees & hogs duren life or widowhood to seport her & children on and after either of the two words life or widowhood the stock to be equaly divided between my wife if living & my three sons William Nathan & Jefoson Vollowvay to them & their ears for ever - - - -

Item I give unto my three sons William Nathan & Jeffoson Vollowvay all my land & swamt held either by deed or patant to be equealy divided between them and their ears for ever - - - -

Item I leave the youse of my mare & young two year ole hors and beads & house hould finetur to my beloved wife duren widowhood then to be equely devided - - - -

Item I give to my three sons William, Nathan & Jeffoson Vollowvay a negro gall called Grace and her increase to be equely devided between them and their ears for ever - - - -

Item I leave my shed hors by the name of Commet to be sold allso the shingles that I have in the swamp to be sold to pay my debts and after my just debts is paid the money that is left and the debts that is due to me to be equealy devided between my lawfull hears

Item I give unto my brother John Vollowvay twelve acors & half of juniper swamp to be taken out of the fifty acors that I hold up the norwest fork near the head to him and his hears for ever

Item I allso give to my brother John Vollowvay the one half of the swamp bought from Ruben Cohoon as pir deed the one half containing thirty one acors to him and his hers for ever

I hearby disanul and disallow all other former wills gifts leases or bequests whatsoever heartofore by me made and acknowledg this & no other to be my last will & testement - -

And I appoint my loving wife Sarah Vollowvay and my trusty friend John Clayton Nathan Vollowvay my executors of this my last will & testament signed sealed and published by the testator to be my last will & testament

Joseph (his mark) Vollowvay

Before us

Henry Colepher
John (his mark) Vollowvay
Jousha Velleway

Overleaf indicates will probated April Court 1804

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

April Session 1804

Mrs. Sarah Vollivay qualified as executrix to the last will and testament of Joseph Vollivay deceased after said will was proved by John Vollivay one of the subscribing witnesses also returned a just inventory of the estate of said Joseph Vollivay on oath.

Mr. Nathan Vollivay qualified as executor of the last will and testament of Joseph Vollivay Junr. deceased.

January Session 1807

Ordered that Jno. A. Patrick Joseph White and John Clayton audite the accounts of the executors with the estate of Joseph Vollivay deceased and make return to next court.

April Session 1807

Nathan Volivay executor of Joseph Vollivay Junr. decased returned on oath an account of sales dated the 15th March 1804 in open court to the amount of 232 dollars & 58 cents filed.

Ordered that Jno. A. Patrick Esqr. John Clayton and Thomas Sikes be appointed to audite the accounts between the executors and the estate of Joseph Vollivay Junr. deceased and make return to next court.

October Session 1807

Ordered that the former auditement of the estate of Joseph Vollivay be set aside and that Joseph White Timothy Jones and William Liverman be appointed to audite the accounts between Joseph Vollivays heirs and the executor and make return to next court.

December Session 1809

Ordered that Joseph White bring the orphans of Joseph Vollivay Junr. deceased to next court.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.55), Box 55
Volliway, Joseph Junr., 1804

Court of Pleas & Quarter Sessions summary dated 30 Jan 1805 and issued 15 Feb 1805. Court met on 4th Monday in October 1803 and case was continued over several court sessions. At court on the 4th Monday in January 1805 a jury met and declared the defendant not guilty. The result was appealed to the Superior Court in Edenton by the plaintiff.

Summons dated 24 Oct 1804 for Joshua Volliway to appear at the next session of the Court of Pleas & Quarter Sessions on the 4th Monday in January to testify on behalf of Joseph Volliway deceased executors in a metter in which Josiah Collins is plaintiff and said executors defendants.

Summons dated and issued on 25 Jan 1804 for Gideon Cahoon and Rueben Cahoon to appear at the next session of the Court of Pleas and Quarter Sessions on the 4th Monday in April to testify on behalf of the plaintiff in a matter in which Josiah Collins is plaintiff and Joseph Voliway is defendant.

Summons dated 23 Jul 1804 for Capt. Thomas Trotter and Gidion Cahoon to appear at the current session of the Court of Pleas and Quarter Sessions on the 4th Monday in July to testify on behalf of the plaintiff in a matter in which Josiah Collins is plaintiff and Joseph Voliway is defendant.

Summons dated 25 Jul 1804 and issued 23 Aug 1804 for Capt. Thomas Trotter and Samuel Spruill Esqr. to appear at the next session of the Court of Pleas and Quarter Sessions on the 4th Monday in October to testify on behalf of the plaintiff in a matter in which Josiah Collins is plaintiff and Joseph Volliways executors are defendants.

Summons dated 25 Oct 1804 and issued 30 Nov 1804 to the Sheriff of Hyde County for Joseph Swindal to appear on the 4th Monday in January next before the Court of Pleas & Quarter Sessions of Tyrrell County to testify on behalf of Charles Vollivay in a suit wherein Charles Vollivay is plaintiff and the executors of Joseph Vollivay deceased are defendants.

Execution dated 28 Jan 1807 and issued 16 Feb 1808 against Charles Vollivay & Elisha Vollivay for five pounds, sixteen shillings and eight pence recovered against them in a suit with the executors of Joseph Vollivay.

Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Joseph Voluvay to Sarah Cohoon on 27 Jun 1795, Elisha Volloway security.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated December 27, 2018
Charles W. Barnes